Registration of Titles Act

REGISTRATION OF TITLES 1 THE REGISTRATION OF TITLES ACT ARRANGEMENT OF SECTIONS 1. short title. Prelimiruuy 2. Partial repeal of laws and practice as to interests in land 3. Interpretation. Appointment, Powers and Functions of O%kers 4. Registrar of Titles. his appointment. 5. Appointment and qualification of Deputy Registrar. 6. Constitution of panel of Referca 7. Salary and fees of Registrar and Referees. 8. Salary of Deputy Registrar. 9, Acting Appointments. 10. oftice of Registrar. 11. Registrar may give authority to sign. 12. Judicial notice of seal of office and signature of Registrar. 13. seal of the oftice of Titles, Jamaica. 14. As to Registrar and Referees practising. 15. Powers and duties of Registrar and Referee. 16. Notice of Deputy Keeper of the Records of land brought under 17. Conveyances or transfers under the Settled Land Act, need not 18. Contribution to the Assurance Fund. 19. Registrar to keep accounts and duly account for all moneys. 20. Contributions to Assurance Fund, how to be dealt with. 21. Power of Registrar to make regdations and alter fonns in the operation of this Act. be recorded. Schedules. m e inclusion of this page is authorized by L.N. 480/1973] 2 REGISTRATION OF TITLES 22. Power to state a case. 23. Appointment of Valuers. Procedure in bringing Land under the operation of this Act 24. How land brought under this Act. 25. Registration of title as absolute or qualified. 26. Registration of proprietor with absolute title, effect thereof. 27. Registration of propnetor with a qualified title, effect thereof. 28. Who may apply to have land brought under this Act. 29. What evidence. particulars and fees must accompany application, 30. Identification of land. 31. Reference of application and evidence to Referee, and p r d ings thereon. 32. What incumbrances shall not prerent approval of title. 33. Notification of provisional approval of title. 34. In certain cases Referee not to proceed unless a p p W acquiesce^ in his provisional decision. 35. Remedy of applicant if dissatisfied. 36. Publication and service of notice of provisional approval. 37. If no caveat entered title to be registed. 38. Authority for payment to solicitor. 39. Application by lessees. 40. Production of documents. 41. Withdrawal of application. 42. As to the possession of and dealing with dacpdacnts title of persons registered. Caveat d@?W Registmtion of Ldd 43. Caveat against bnnging land under tbi$ Act. 44. Notice of caveat. 45. Lapse of caveat if not followed up by -. 46. Dcath of applicant before catifkate. Procedure for dealing with same. Caveat not renewable. idusion d thia page is urthorimd by W. MW1973l REGISTRATION OF TITLE3 3 Registraiion of Lund with doubt/ul Title 47. Bringing land with doubtful title under this Act. O m e Copy of Decree of Order as Evidence of Title 48. How far office copy of decree or order of a Court accepted by the Referee as evidence of title. Purchaser requiring Registered Title 49. Purchaser may require registered title under this Act. 50. Duties of vendor if purchaser exercises option. 51. Costs. how to be paid Registration in lieu of Patent 52. Registration of lands granted by the Crown in lieu of patent 53. Patent &ent evidence of title. Re-registrm'on of Registered Land by Plan 54. Registration by plan of registered land. Mode of application. Direction by Refexee. Register Book; Mode of Registering; and effect of Registration 55. How land to be *brought under the operation of this Act, 56. Receipt for certificate of title. 57. Grants for public purposes. 58. What constitutes registration under this Act. 59. Order and priority of registration. 60. AS to trusts. 61. Contents of memorandum entered in Register Book. 62. Entry of memorandum of instrument. proceedings thereon and 63. Effect of registration or non-registration of instruments affecting effect thereof. lands brought under this Act. me inelusion of &hie page is authorized by U. 4110/19731 4 REGISTRATION OF TITLES 64. Issue of certificates of title 65. Joint tenants. tenants in common and copar#nCfS. 66. Procedure as to registration of two or more pint proprkbrs. 67. Proceedings to obtain order of the Court for transfer of land. 68. Certificate of title conclusive evidence of title. 69. Use of certificate of title in actions between vendor and purchasar. 70. Preferential and prior rights defeated in favour of m & W Incumbrances not specially notified to which registcnd land to be proprietor. subject. 71. Protection to parties dealing with rcghtcred proprietor. 72. Rights, etc., of registered proprietor of an estate of fmhok! 73. Rights and liabilities of person for time being ngistend aa 74. Use by beneficiary in any action of the name of any proprietor. 75. Effect of a certificate subject to a mortgage or other as preserving all rights of such incumbraacar. subject to a lease. proprietor. lnsptxtion of Register Bo&k 76. Inspection of Register Book and copies uf document& Provisions as to Certi@ate# 77. As to exchanging certificates. 78. References to be noted in Register to eaable title to b traced. 79. What Registrar may require. 80. Registrar’s power to amend. 81 Power of Registrar to dispense with the production of tho duplicate certificate of title and the ccrtibtc of title in certain cases. 82. Proceedings on certificate of title being lost, etc. 83. Construction of certificate of title. 84. Married women. . me inclusion of this page i s authorized by L.N. 480/ 19731 REGISTRATION OF TITLES Titk acquired by possession of registered land 85. Who, may apply for registration of title acquired by po~~~ssiOn. 86. Procedun for malung and dealing with applications under 87. Cancellation of existing title and registration of title acquired d o n 85. by posacssion. Transfers 88. Transfer of rcgiStaFpd land 89. E M of wc41 transfer. 90. Powers of transfer by proprietor of registered land 91. How trrrasfcr @&ered. 92. Implied covenrrntr by tranderet of.land subject to a charge. 93. Fnlwrmts and rights of way. Lasses 94. Loam of registered land. 95. Implied covenants by lessec. 96. Implied powers in lessor. 97. Adoption of short forms of provisions and covenants. 98. Implied covenants in transfer of kase or of a grant for years 99. Entry of recovery of land by lessor. 100. Transmission on bankruptcy of lessor. 101. Surrender of lease. 102. Under leases. MOrt&W&WS and charges 103. Mortgages and charges atfecting land. 104. Mortgages to builfing society. 105. Effect of registering a niorlgagc. 106. Power of sale in cases of default. 107. Application of purchase money. 1011. Effect of registration of a triiisfer by niorlgagee or annuitant. [The inclusion of this page is authorized by L.N. 4110/1973] 6 HEGISI’RATION OF TITLES 109. Power of cntry and foreclosure by mortgagee or annuitant. 110. Powcr of distress in cases of interest or annuity behg in m. 11 1. Covaiants implied in mortgages. 112. Liability of mortgagees or annuitants entering on leased land. 1 13. Short covenant for insurance. 114. Rights of mortgagees reserved until discharge or transfer is 115. As to consent of mortgagee to action by mortgagor. 116. Application of money awarded to mortgagor for waste or damage 117. Summons by mortgagee for payment of money according to J 18. Application of money recovered by mortgagee. 119. Proceedings for foreclosure before the Registrar. 120. Order for foreclosure. effect thereof. 121. Discharge of mortgage claims or other charge on lands. 122 Discharge of annujty. 123. Discharge when mortgagee dead. OT absent from JmSJca O; 124. Leases by mortgagees. 125. Appointment of receiver by mortgagee. registered. to mortgaged land. section 116. cannot be found and unrepresented. Subdivision for Sale b j Lbsa 126. Subdivision of land for selling out in lots. Execution of Instruments by Corporations 127. Execution of instruments by corporations. Implied Powers and Covenants 128 Implied covenants and powers and modificatiom. Compulsory Registration 120 Circumstances in which registration shall be compulsory. me inclusion of this page is authorized by L.N. 480/19731 REGISTRATION OF TITLES Registratiog an TmnsmissiOn 130. Registration of title by transmission. 131. Procedure where there is any doubt, etc.. under d o n 130 as 132. Registration of proprietorship. 133. Payment of succession duty and estate duty. to the true construction. etc.. of any wiu etc. 7 Registration of Tmnsfer on Sale under a Writ or Order and of Vesting Orders 134. Rcgistcr of transfer on sale under a writ, dccrce or order, &cct 135. Registration of vesting ordcra themf. Regisfmtion of Marriige of Female Proprietor and of Tmr*Fmission by death of Party having an Interesl 136. Endorsaticm of marriage of female eroprietor. 137. Registratm of transmission of title by death of party having an hterest. BanAruptcy 138, ROgiBhtiOa of transmission to trustee in bankruptcy. PIwcuibgs as to property of bankrupt. cavtats 139. Caveat against dealings 140. Effect of lodging caveat with the Registrar. and proceding 141, E t k t of an order for the sequemxation of the estate of. and the 142. Duty of Registrar so long as caveat in force. 143. Effcct of lodging Caveat without reasonable cause. themn. h&~ptCy of. the intended registered proprieror. p e inclwion ef thia page is authorized by L.N: 480/t973] 8 REGISTRATION OF TITLES Seaxh Certifkates and Stay Orders 144. Application for search certificate. 145. Effect of seash certificate. 146. Application for stay of registration of instrument afftcting land 147. Priority of properly perfected instrument lodged during stay of 148. Other instruments lodged during stay of r~gistration to have comprised in proposed dealing. registration. same priority as if no stay of registration. Powers of Attorney 149. Power of attorney. 150. Effect of power of attorney. 151. Powers of attorney and Conveyancing Act. Attestatkm of Instruments 152 Attestation of instrurhents. Procedure and Practice lW3. Procedure in cases of error or misdescdption in certk%k Of title or of its being in possession of wrong pema 134. Order for delivering up of certificate of title and enforcement thereof and procedure if person wrong€ully holding cmtifkatc cannot be found. 1%. Transfer when vendor is dead, absent. etc.. and unrcpnscntcd. 156. Procedure if Registrar refuses an application, or if appkant hiissatisfied with directions. etc.. given by Registrar or Refemc. 157. Disapvery. 158. Court or a Judge may direct cancellation. etc., of certificate. etc. 1159. Rules@ 3ractice in actions under this Act. Actions and other Remedies 160. Rtq$strar,s and Referee's protection against actions. 161. Cettificate df title a bar to all actions of ejectment against registered pro-@r with certain exceptions. [The inclusion of this page is authorized by L.N. 00/1973] REGISTRATZON OF TlTLES 9 162. Action for damages by any person wrongfully deprived of land. 163. Protection of born fide purchaser of registered land against 164. Action against Registrar in certain cases. 165. Persons claiming shall before action brought apply to Registrar 166. Notice of action against Registrar. Costs if plaintifl fails. 167. Payment of amount of judgment if plaintiff succeeds. 168. Limitation of actions for damages through deprivation of land Nonsuit if plaintiff or those through whom he claims had mtice 169. Proceedings to recoup the Assurance Fund such money as may be 170. Non-liability of Assurance Fund in certain cases actions. in writing for compensation. under this Act. of proceedings under this Act. paid thereout. 171. Rules. 172. Modification of forms in Schedults. Fees and Duties 173. Fees 174. Stamp duty where applicant directs mrtificate of title l-0 .hue 175. Stamp duty where applicant claims to be owner of fee simple id 176. Registrar to see that transfers am duly stamped. 177. Full consideration for transfer to be expressed the& in name of any other person. csuity. o&ntxs 178.olftnCes against this Act. Misdemeanours 179. Conviction not to bar any remedy against convict or his cstate. 180. Prosecutions and suik inclui~n of this paos ir authorized by LN. %0/1973]' REGISTRATION OF TITLES 1 1 Caps. 340. Law 60 of 1954 THE REGISTRATION OF TITLES ACT s. 64 (1). Acts 25 of 1967, [lst October, 1889.1 4i;fj::.9 10 of 1974, 25 of 2005 C S. 13. 1. This Act may be cited as the Registration of Titles Shorttitle. Act. Preliminary 2. All laws and practice whatsoever, relating to freehold Partialre peal of laws and other interests in land, so far as is inconsistent with the mdp dice provisions of this Act, are hereby repealed, as far as regards asto interests their application to land under the provisions of this Act, or '"land. the bringing of land under the operation of this Act. 3. In this Act- Interprets tion. "annuity" shall mean a sum of money payable periodically and charged on land under the operation of this Act by an instrument thereunder; "charge" shall mean the instrument creating and charging an annuity; "Commissioner for taking affidavits" shall mean a Justice or other officer or person authorized to take affidavits in the several Courts of Jamaica; "endorsed shall include anything written upon, or in the margin, or at the foot of, any document; "grantor" shall include the proprietor of land charged with the payment of an annuity; "incumbrance" shall include all estates, interests, rights, claims and demands, which can or may be had, made or set up, in, to, upon or in respect of the land ad versely and preferentially to the title of the proprietor; [The lnclusloa of this page b authorized by L.N. 180A120061 REGISTRATION OF TITLES "instrument" shall include a conveyance, assignment, transfer, lease, mortgage, charge and also the creation of an easement; "Judge" shall mean a Judge of the Supreme Court of Justice; "land shall include messuages, tenements and heredita ments, corporeal or incorporeal; and in every certifi cate of title, transfer and lease, issued or made under this Act, such word shall also include all easements and appurtenances appertaining to the land therein described, or reputed to be part thereof or appurtenant thereto; "patent7' shall mean the deed of grant from the Crown of any unpatented lands in Jamaica, or any lands which having once been patented have been adjudged for feited or escheated to the Crown, or of any lands sold pursuant to the provisions of any law adjudging pos session thereof to the Crown; "person" shall include a corporation, whether aggregate or sole; "proprietor" shall mean the owner solely, jointly or in common with any other person, whether in possession, remainder, reversion, expectancy or in tail, or otherwise, of land, or of a lease, mortgage or charge; and such word shall also include the donee of a power, or other person empowered or authorized to appoint or dispose; "settlement" shall mean any document under or by virtue of which any land shall be so limited as to create partial or limited estates or interests; "transmission7' shall mean the devolution of an estate or interest in land under any will or settlement, or by descent, or on executors or administrators as such. [The lnelualon of thia page Is authorM by L.N. 180A120061 REGISTRATION OF TlTLES 13 Appointment, Powers and Functions of Oflcers 4. The Governor-General may from time to time appoint by ~egistrar of warrant under his hand and the Broad Seal of Jamaica a fit and z:;2nEmt. proper person, being a member of the Bar of Jamaica, England, 4211969 Scotland, or Northern Ireland or being a Solicitor of the 3rd Sch. Supreme Court or of the Supreme Court of Judicature of C' England, Scotland, or Northern Ireland, or a Writer to the Signet of Scotland, to be the "Registrar of Titles" (hereinafter called the Registrar), for investigating and dealing with applications for bringing land under the operation of this Act, and for other purposes hereinafter mentioned. 5.--(I) The Governor-General may appoint one or more fit and proper persons, each being a member of the Bar of Jamaica, England, Scotland or Northern Ireland, or being a Solicitor of the Supreme Court or of the Supreme Court of Judicature of England, Scotland, or Northern Ireland, or a Writer to the Signet of Scotland, to be a Deputy Registrar of Titles. (2) A Deputy Registrar of Titles shall, subject to the general or special directions of the Registrar of Titles, assist the Registrar in the performance of the duties of Registrar under this Act and the Deputy Registrar shall, in the exercise of his office, have all and singular the like authorities, powers, duties, immunities and liabilities of the Registrar. Appointment and quail fication of Deputy Registrar. 4211969 3rd Sch. 1011974 S. 2(a), (b). 1011974 s. 2(c). (3) Everything by this Act, or any enactment amend ing or incorporated with the same, appointed or authorized, or required to be done, or signed, by a Registrar may be C done or signed by a Deputy Registrar and shall be as valid and effectual as if done or signed by the Registrar. (4) If from any cause the ofice of Deputy Registrar Titles is vacant, or if, owing to absence or inability act from illness or any other cause a Deputy Registrar 1011974 s. 2(f). (The inciusion of this page is authorlvd by L.N. 180AIZ0061 14 1011974 S. 2(e). Constitution of panel of Referees. 2511967 S. 2. 2512005 S. 13. Salary and fees of Registrar and Referees. Salary of Deputy Registrar. 1011974 S. 3. Aciing appoint ments. REGISTM TION OF TITLES of Titles is unable to perform the duties of his office, the Governor-General may, appoint some fit and proper person (whether or not such person is qualified under subsection (1) for an office of Deputy Registrar of Titles) to act temporarily as Deputy Registrar of Titles, and any person so appointed shall for the time being have all the authorities, powers, immunities and liabilities and perform all the duties of the office of Deputy Registrar of Titles. 6.-41) The Minister may appoint a panel of not less than three nor more than ten persons, qualified as aforesaid, each of whom shall be a Referee of Titles under this Act (hereinafter called a Referee) so, however, that the validity of the constitution of the panel shall not be affected by any vacancy among the members thereof or by any defect in the appointment of a member thereof (2) The office of a Referee shall not be a public office for the purposes of Chapter V of the Constitution of Jamaica. 7. The Registrar shall receive such annual salary as shall from time to time be determined by the Minister, and the Referees shall be paid fees in respect of each reference on such scale as shall from time to time be fixed by the Minister. Such salary and fees shall be paid out of the Consolidated Fund. 8. A Deputy Registrar of Titles shall receive such annual salary as the Minister may with the sanction of the House of Representatives from time to time determine. 9. In case of the illness, incapacity or absence, of any officer appointed under this Act, the Governor-General may appoint a person to act in lieu of such officer; the person so appointed shall have all the powers and perform all the [The lncluslon of this page Is authorized by L.N. 180A120061 REGISTRATION OF TITLES 15 duties of the officer in whose stead he may have been appointed. which shall be called the Office of Titles; and it shall be lawful for the Minister from time to time to appoint any suitable place for such office. 10. The Minister shall provide an office for the Registrar, :f$g ma glvo tos 1 WC967 11.-(1) The Registrar may give authority in Writing to R any officer of the Office of Titles to sign anything authorized w ority or required by this Act to be signed by the Registrar. authority is given under subsection (1) to any officer (2) The Registrar may, in the instrument in which sn (U) require that such authority shall be exercised in accordance with the general or specific directions of the Registrar; (b) specify the period for which such authority shall be valid, so, however, that any such period may be extended from time to time and any authority given under this section may be revoked at any time. (3) Anything signed by any o&r to whom autho rity is given under this section and in accordance with such authority shall be as valid and effectual as if it were signed by the Registrar. (4) Notice of every authority given under this section and of every extension thereof or the revocation thereof shall be published in the Gazette but failure to publish such notice shall not aEect the validity of the authority conferred or any extension or revocation thereof, as the case may be. 12. All courts, Judges and persons acting judicially, shall take judicial notice of the d of the Oflice of Titles, and of the signature of the Registrar and of any person appointed to act in his stead as aforesaid. me inclusion of thir page m authorized L.N. 480/19731 16 REGlSTRATlON OF TlTLES 13. The Registrar shall cause to be prepared, and shall keep a d use, a seal bearing the impression nf the Arms of Jamaica, and having inscribed in the margin thereof the words, “Office of Titles, Jamaica”; and all certificates of title and other documents purporting to be sealed with such seal, and to be signed by the Registrar, shall be admissible as evidence without further proof. Asto Rirtrar practidng. 14. The Registrar shall not directly or indirectly prac tise as a barrister or solicitor, or participate in the fees or remuneration of any other person so practising : Provided that this section shall not apply to a person appointed under the provisions of section 9 to act as Registrar. It shall be lawful for the persons appointed as Referees as aforesaid to practise their profession, but the Minister shall by rule, to be made as aforesaid, provide that no such Referee shall be consulted with respect to an application to be made by a client. m3Refmcs 25/1%7 SA. p<rwuad 15. The Registrar or the Referee to whom any applica tion is referred m y , by summons under his hand, require the proprietor or mortgagee or other person interested in any land under or proposed to be brought under the opera tion of this Act, in respect of which any transfer, lease, mortgage, charge or other dealing, or any discharge from any mortgage or charge, is proposed to be transacted or registered, or in respect of which any change of ownership by transmission is proposed to be registered or search certi ficate issued, to appear at a time and place to be appointed in such summons, and give any explanation concerning such land or any document affecting the title thereto, and to produce any deed of grant, certificate of title, will, mortgage, or other instrument or document, in his posses sion or within his control affecting such land, or the title RdmtW. me inolusim of thir page b urthaizsd by LN. 480/1973] REGISTRATION OF TITLES 17 thereto; and the Registrar or Referee is hereby authorized to examine upon oath (which oath he is hereby empowered to administer) any such proprietor, mortgagee or other person as aforesaid, and any such proprietor, mortgagee or other person who shall fail, refuse or neglect, to attend the Registrar or Referee for the purpose of being examined, or to produce any such document, or to allow the same to be inspected, or shall refuse or neglect to give any such explanation as aforesaid shall be liable, on any such default, to be summoned before a Judge, and by him to be dealt with as in the case of a contempt of the Supreme Court; and if the information or document withheld appears to the Registrar or Referee to be material he shall not be bound to proceed with the transaction. The Registrar may also exercise the following powers (a) He may administer an oath, and may take and receive the declaration of any person voluntarily making the same (in this Act called a statutory declaration). and duties, that is to say I (b) He shall correct errors in the Register Book, or in entries made therein, or in duplicate certificates or instruments, and may supply entries omitted to be made under the provisions of this Act; but in the correction of any such error he shall not erase or render illegible the original words, and he shall af5x the date on which such correction was made or entry supplied, and initial the same; and every error or entry so c~rrected or supplied shall have the like validity and effect as if such error had not been made or such entry omitted; except as regards any entry made in the Register Book prior to the actual time of correcting the error, or supplying the omitted entry. ~ I ' P I a inclusion of this page is authorid by L.N. 480/1973] 18 REGlSTRATION OF TITLES (c) He shall, upon the direction of a Referee or when it shall appear to him necessary, lodge a caveat on behalf of Her Majesty, or on behalf of any per son who shall be under the disability of infancy, coverture, lunacy, unsoundness of mind or absence from Jamaica, to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person, and also to prohibit the dealing with any land in any case in which it shall appear that an error has been made by misdescription of such land, or otherwise, in any certificate of title, or in any instrument, or for the prevention of any fraud or improper dealing. Notice to 16. When any land shall be brought under the operation Keeper of this Act the Registrar shall, in the case of all applica of the tions in which it appears that a deed or other document Records of land brought of title relating to the land is on record in the Record Office, under the operationof forthwith notify the fact to the Deputy Keeper of the Records, and shall furnish him with particulars of the recording of such deed or document with regard to each parcel, if more than one, or the last of such deeds or docu ments, if more than one, and the Deputy Keeper of the Records shall thereupon make a memorandum of such fact on the margin of the record of the last such deed or docu ment or deeds or documents. Convey- 17. Conveyances or transfers of land under this Act aces or transfers executed under the authority of the Settled Land Act need under the not be recorded in the Record Office, but shall be registered Act. need in manner hereinafter provided. a n t r i h - 18. Upon first bringing lands under the operation of this tionb*e Assurance Act, there shall be paid to the Registrar, as an Assurance Fund. Fund, a sum not exceeding the sum specified in the 251 1967 s. s (a). Eighteenth Schedule : Eighteenth Schedule. Settled Land not be recorded. me inclusion of this page is authorized by L.N. 480/1973] REGISTRATION OF TITLES 19 Provided the value of any such land shall be deemed to be the value thereof at the time of lodging the application to bring the land under the operation of this Act and such 25/1%7 value shall be ascertained by the statutory declaration of s*5(b) the applicant. If the Registrar shall not be satisfied of the correctness of the value so declared, he may require such applicant to 25/1%7 s. 4 (c). produce a certificate of such value under the hand of a Valuer appointed under this Act, which certificate shall be received as conclusive evidence thereof. 19. The Registrar shall keep a correct account of all sums RC istrarto of money which shall be received by him under the provi sions of this Act, and shall pay the same to the Accountant- &au-mt General at such times, and shall render accounts of the same m Iae eys. to such persons and in such manner, as may be directed by any law or regulations for the time being in force relating to the collection and payment of the public moneys, and the audit of the public accounts. All Mnalties and fees received under the provisions of this Act (except sums received as contributions to the Assurance Fund or in augmentation thereof) shall be car ried to and form part of the Consolidated Fund. ntsand I 20. All sums of money which shall be received by the Cdntribu Registrar as contributions to the Assurance Fund, or in urma General, who shall place such sums to the credit of an deltwitb. account to be kept in his department, to be called the 3 1 9 6 7 Assurance Fund, and'shall from time to time invest the same, together with all dividends and profits accruing there on, in Jamaica Government securities, or othewise as the Minister may direct, to constitute an Assurance Fund for the purposes hereinafter mentioned : augmentation thereof, shall be paid to the Accountant- F to nd,how Tto me inohsion of thir page is authorized by LN. 480/1973] 20 REGISTRATION OF TITLES Provided however that the Minister may from time to time, authorize such sums of money as may be approved by resolution by the House of, Representatives to be transferred from the Assurance Fund into the Consolidated Fund and money transferred as aforesaid shall be used for the purpose of a Trigonometrical Survey of Jamaica and for such other purposes as may be required for the advancement of &he objects of this Act: Provided further that at no time shall the Assurance Fund, by any such transfer, be reduced to an amount of less than thirty thousand dollars. Power of make andalter forms in 21. The Registrar may from time to time, with the consent of the Minister, make regulations respecting the parcels of land that may be included in one certificate of title, and may, with the like consent, revoke or alter such regulations; and he may also, with the like consent, from time to time make such alterations in the several forms and in the several Schedules hereto as he may deem requisite, and every form authenticated by the seal of the office shall be taken to be the legally authorized form, unless the contrary be proved. Registrar to regulations Schedules. Power to 22. It shall be lawful for the Registrar, whenever any question shall arise with regard to the performance of any duty, or the exercise of any of the functions, by this Act conferred or imposed on him, to state a case for the opinion of the Court of Appeal; and thereupon it shall be lawful for the Court to give its opinion thereon, and such opinion shall be bindiing upon the Registrar. a t e a case. ment Appoint Q l l v ~ ~ u e t ~ . 23. The Minister may appoint persons to be Valuers under this Act, and at pleasure annul the appointment of any such person. me inclusion of this page is authorized by LN. 4R00119731 REGISTRATION OF TII'LkS 21 Procedure in bringing Land under the operation of this Act 24. Land may be brought under the operation of this Howland Act by the Registrar registering the title of some person undbrthis thereto as the proprietor thereof in manner hereinafter Act, provided. brought 25. The title of any person to land brought under the Re istration operation of this Act shall be registered either as an absolute abs 1 lute or or as a qualified title. oft tle as quaDified. 26. A person registered under this Act as proprietor of Reaistra any land with an absolute title shall be entitled to hold such pro rietor land ir, fee simple, together with all rights, privileges and ab lute appurtenances, belonging or appurtenant thereto, subject as follows (a) to the incumbrances (if any) entered on the certi ficate of title; and (b) to such liabilities, rights and interests,. as may under the provisions of this Act subsist over land broight under the operation of this Act without being entered on the certificate of title as incum brances, but free from all other estates and interests whatsoever including estates and interests of Her Majesty, her heirs and successors, save only quit rents, property tax or other impost, charged generally on lands in this Island, that have accrued due since the land was brought under the operation of this Act. tion of witt 27. A person registered under this Act as proprietor of any land with a qualified title shall be entitled to hold such land, except as against any person claiming any estate, right or interest therein arising before a specified dale, or under a specified instrument, or otherwise particularly described me inclusion of this page is authorized by L.N. 480119731 22 REGlSl RATlON OF T I T U S in the certificate of title; and the registration of a person with a qualified title shall have the same effect as the registration of such person with an absolute title save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest, appearing on the certificate of title to be excepted : Provided always that a person registered as aforesaid with a qualified title may at any time thereafter apply to be registered with an absolute title, subject to all the pro visions relating to an original application save and except that only half the fees payable on any such original appli cation shall be payable, and that it shall not be obligatory on the Referee to cause the application to be advertised before directing the Registrar to register such applicant with an absolute title. Whomay 28. Any of the following persons may, by an application appb to have addressed to the Registrar, in the form in the First Schedule, l ~ d e ~ ~ ~ h ~ apply to have land brougEt under the operation of this Act, Act. that is to say schodult. (i) the person claiming to be the owner of the fee simple, either at law or in equity; (ii) persons who collectively claim to be the owners of the fee simple either at law or in equity; (iii) persons who have the power of appointing or dis posing of the fee simple : Provided that in the event of such land being brought under the operation of this Act such application shall be deemed both at law and in equity to be and to have been an exercise of such power; (iv) the person claiming to be the owner of the first estate of freehold, if the owner of the first vested estate of inheritance shall consent to the appli cation; First lThe indusion of this page is ruthobd by L.N. 480/19731 REGISTRATION OF TITLES 23 trustees for the sale of .the fee simple, but if any previous consent to their selling be requisite, the persons required to give such consent must con sent to the application; the guardian of any infant, or the committee of the estate of any lunatic or person of unsound mind unable to manage his estate, so, however that the application be made on behalf of such infant, lunatic or person, and the certificate of title be directed to issue in his name; the Commissioner of Lands, or other officer duly authorized in writing by the Minister, applying to bring land the property of the Crown under the operation of this Act; the person or persons claiming to be the owner or owners of the fee tail upon a sale by him or them to a bona fide purchaser for value and directing the certificate of tide to issue in the hame of such purchaser; a tenant for life, within the meaning of the kttled Land Act or any enactment amending or' incorporated with that Act, who has exercised his power of sale and who directs the certificate of title to be issued in the name of the purchaser: Provided that the certificate of title shall not issue until there has been lodged with the Registrar, signed by the trustees of the settle ment and attested by a witness to the satisfaction of the Registrar, a coiiscnt, or a reczipt for the purchase money : Provided always that a mortgagor shall not be entitled to make such application unless the mortgagee shall consent thereto, nor a mortgagee unless for the purpose of the exercise of his power of sale, and unless the certificate of title shall be directed to issue in the purchaser's name, nor me inclusion of this page is authorized by LN. 480/1973] 24 REGISTRATION OF T J T W What evidence, particulars and fees must accompany application. Eighteenth Schedule. a married woman unless she shall be entitled to the land far her separate use or has a power to appoint the same, or unless her husband shall consent thereto and the application shall be acknowledged by her in the same manner as any deed or other instrument is at the date'of the commencement of this Act required to be acknowledged by a marned woman : Provided also, that the attorney of anv corporation how soever and wheresoever incorporated, whether already constituted or hereafter to be constituted, appointed under a seal purporting to be the common seal of the corporation, may make such application for or on behalf of the corpora tion of which he is the attorney, and may make the requisite declaration to the best of his knowledge, information and belief, and may subscribe the application in his own name. 29. Every p c h application shall be accompanied by the deeds and documents or other evidence that the applicant relies on in support of his title, and by an &davit contain ing such particulars as may be prescribed, and by the fees set forth in the Eighteenth Schedule as payable on malung application under this Act, and by a certificate from the proper officer that all quit rents and property tax affecting the land have been paid up to the date of the application, and by a receipt or receipts from the proper officer showing that all succession duties that have become payable in respect of the land have been paid : Provided that if any such deed or documents are recorded it shall be sufficient for the applicant to give references to the same. The applicaiit may, if he conceives himself entitled to a qualified title only, state in his application the nature of the qualification subject to which he conceives himself entitled. [The inclusion of this page is authorized by L.N. 180/1973] REGISTRATION OF TITLES 25 30. A person applying to have ?nu land brought under Identificr, tion the operation of this Act shall describe and identify the ofW. land in one or other of the following ways (a) by plat or diagram; (b) by metes and bounds. 31. The Registrar shall submit such application, together with the deeds, documents or other evidence as aforesaid, to one of the Referees for his direction; and if the Referee shall, on consideration of the deeds, documents or other evidence aforesaid, be of opinion that the applicant is a person entitled to make application under this Act, and that he is in possession by himself or a tenant of the land described or identified in the application and that he would be entitled to maintain and defend such possession against any other person claiming the same or any part thereof, he shall provisionally approve the registration of the title of the applicant or his nominee as an absolute title to the land described or identified in the appliaon. , If the Referee shall be of opinion that the applicant is entitled to make application as aforesaid, and that he is in possession as aforesaid substantially of the land described or identified as aforesaid, and that he wuld be entitled to maintain and defend such possession as against any other person claiming the same or any part thereof, and that the land of which the applicant is in such possession as afore said, though the evidence is insufficient as to the description or identification thereof given in the application, is capable of being described or identified in the other way in which it might have'been described or identified in the application, he shall provisionally approve the registration of the title of the applicant or his nominee as an absolute title to land described or identified in the way in which it might have been described or identified in the application. IThe inclusion of this page is authorized by L.N. 480/19731 26 REGlSTRATlON OF TfTLES What incum brances shall not vent approval In either of the two cases aforesaid, if the Referee shall be of opinion as aforesaid, except that the applicant does not satisfy him that he would be entitled to maintain and defend his possession against any person whose estate, right or interest, might arise before a specified date or under a specified instrument, or might be otherwise particularly described, he shall provisionally approve the registration of the title of the applicant or his nominee as a qualified title to land as aforesaid, and shall specify the nature of the qualified title to land as aforesaid, and shall specify the nature of the qualification to which such title is to be subject. 32. It shall be no objection to the Referee approving any title as aforesaid that the land is subject to any liabilities, pn- rights or interests, which under the provisions of this Act, need not be entered on the certificate of title as incum brances, or that the land is subject to any incudrance (not being a mortgage the owner whereof shall not have consented to the application) which may be specified in the certificate of title and continue outstanding. of title. Notification title. 33. When the Referee shall provisionally approve of the registration of any title as aforesaid, he shall communicate such provisional approval to the Registrar, and shall direct the Registrar to cause notification thereof to be given by advertisement or advertisements in the Gazette, or at least one newspaper published in the city of Kingston or circulating in the neighbourhood of the land, and to be served on any persons named by him, and all persons in possession or charge of the adjoining lands, and warning all such persons that, unless a caveat be lodged forbidding the same within such time as shall be appointed by thu Referee (which shall not be less than two weeks or more than twelve months from the date of such advertisement or the first of such advertisements if more than one), the of provi sional [The inclusion of this page is authorizeil by L.N. 480/1973] REGISTRATION OF TITLES 27 title will be registered in accordance with such provisional approval. 34. When the Referee shall refuse his provisional cases Incertain approval, the Registrar shall communicate such refusal to Referee the applicant, and when the Referee shall provisionally proceed approve the title to land with a different description or ;:$:ant identification to that contained in the application, or has acquiesces approved it subject to any qualification other than such provisional as may have been inserted in the application, the Registrar decisibn. shall before giving any notices as aforesaid, communicate the provisional approval to the applicant, and shall not proceed further with the matter until he shall have been informed by the applicant that he acquiesces in the decision of the Referee. not to in his 35. If the applicant under such circumstances is dissatis- Remedyof fied with the decision of the Referee, it shall be lawful for dissa&fid. him to proceed under the provisiom of section 156. appli antif 36. Subject to the foregoing provisions the Registrar shall, Publi atjm and s v , c a under such directions as aforesaid, cause notice to be ofnot-of provi$onal published, in such manner as by such direction may be approval. prescribed, of such provisional approval as aforesaid, with such description or identification thereof as shall have been approved of as aforesaid, and shall cause a copy of such notice to be posted in a conspicuous place in the office, and shall send through the Post Office a registered letter, marked outside “Office of Titles, Jamaica”, containing a copy of such notice, addressed to every person whom the Referee shall have directed to be served with notice, and to the persons stated in the application to be occupiers of the land (if other than the applicant) and to the occupiers and owners of the lands contiguous thereto. Clle inclusion of this page is authorized by L.N. 480/1973) 28 REGISTRATION OF TITLES If no - v a t t i t le toh misterad* 37. If at the expiration of the time limited in the notice aforesaid for lodging a caveat the Registrar.shal1 not have received a caveat forbidding the bringing of the land in question under the operation of this Act, he shall bring such land under this Act, in accordance with the directions of the Referee, in manner hereinafter mentioned, by registering the title of the applicant or Bf the person in whose name he may have directed the certificate of title to be issued thereto (in manner hereinafter provided) as an kholute or qualified title as may have been determined by the Referee, and with such description or identification of the land as may have been approved of by the Referee. Where an applicant has directed a certificate of title to be issued in the name of a nominee the Registrar shall at the direction of the applicant and with the consent of the nominee issue the certificate of title to such person as shal; be named in such direction and consent which direction and consent shall be liable to the stamp duties provided by section 174. entered Authority ment to 38. The production by a solicitor far pay solicitor. (a) of a certificate of title issued in the name of a purchaser as a nominee; or (6) of an instrument having in the body thereof or endorsed thereon a receipt for consideration money, or other consideration, the instrument being executed or the endorsed receipt being signed by the person entitled to give a receipt for that consideration; or (c) of a certificate of title endorsed with a memoran dum of an instrument of transfer, mortgage, lease, or other dealing for pecuniary or other considera tion (whether or not such instrument may have contained or been endorsed with a receipt as aforesaid), [The inclusion of this page is authorized by L.N. 480/13731 REGlSTRATlON OF 'I'llLES 29 shall be suficicfit authority to the person liable to pay or deliver the same for the payment or delivery of the con sideration money, or other consideration, to the,Solicitor, notwithstanding that the solicitor does not produce any separate or other direction or authority in that behalf from the person who is entitled to receive the consideration money, or other consideration, for the land mentioned in the certificate of title or from the person who signed the instrument or receipt. 39. Land leased for a term of years of which ten years $?&? are unexpired, or leased for years determinable with a life or lives, may be brought under the operation of this Act as near as may be in a similar manner, and subject to the same or similar provisions, as are hereinbefore contained with respect to freehold land. The application may be made by persons having such estate and interest in the leasehold land as are similar gr correspondent to the estates and interests of the persow entitled to apply to bring freehold Iand under the opea-4 tion of this Act. Every certificate of title to leasehold land shall alwap be subject' to the .rights and powers of the lessor or his representatives, and of any person entitled to the inheri tance in the land immediately expectant on the term as well as to the incumbrances hereinafter mentioned as not requiring special notification. , The severgil provisions of this Act with respect to free hold land shall apply to leasehold land, with such variav tions only as the difference 4 the nature of such property requires, or as may be necessary to render such provisions applicable to leasehold for years. pie. inclusion of this p.p ir 8uthodzui by L.N. 480/19731 Production of d m menb. Withdrawal of applica tion. A S t O t h O P==+ don of and dealing With d m menu evidencing title of PenOM -. 40. After an application has been made to have any land brought under the operation of this Act, a Judge may require all persons having in their possession, custody or control, any deeds, instruments or evidence of title, relating to or affecting the land the subject of such appficaLion, to produce the same at a time, and place appointed by such Judge to the Registrar or to a Referee for his inspection upon such terms and subject to such conditions, and for such charge or fee, as the Judge making the order may think just and shall fix. All orders to be made by a Judge under this section may be made in Chambers on summons at the instance of the person applying to have the land brought under this Act. 41. Any applicant for registration may withdraw his application at any time prior to the registration of the certificate, and the Registrar shall in such case return to the applicant, or to the person entitled thereto, all deeds, documents and other evidence of title, lodged in support of the application; but in such case, if the caveator shall have been put to expense without suflicient cause by reason of such application, he shall be entitled to receive from the applicant such compensation as a Judge on a summons in Chambers shall deem just and order. 42. Upon registering a certificate of title, the Registrar ments and documents, evidencing the title of the person registered, and shall endorse upon the last of them, if there be more than one, a memorandum that the land included in the certificate has been brought under this Act, and shall sign such memorandum : Provided always that if any such deeds, instruments or documents, relate to any property dher than the land included in such ce-, the Registrar shall cause such deed, document or instrument (if unmmded) to be copied CIbindwim of thk pge U .ptborieod by LN. 4WI9'733 shall retain in his custody and POSS~SS~I I all deeds, instru REGISTRAl'ION OF TITLES 31 at the expense of the applicant, such copy to be retained by the Registrar, and shall return such deed, instrument or document to the person from whom he received the same, having first endorsed upon the same a memorandum signed by him to the effect that the land included in the certificate has been brought under the Act. No person shall ;be entitled to inspection of any such deeds, instruments or documents, except upon the written order of the persons who originally deposited the same, or of some person claiming through or under him, or upon the order of a Judge. No action or suit shall be brought or maintained upon any covenant or agreement for the production of the docu ments which shall be so retained, or upon any agreement to give or enter into a covenant for the production thereof; and if any such action or suit shall be commenced it shall be a sufficient answer thereto that such documents have been retained under this Act. Caveat against Registration of Lund 43. Any person claiming any estate or interest in the land z;c: described in the advertisement may, in person or by agent, :A giw lodge a caveat with the Registrar, in the form in the Second ;54!967 Schedule, forbidding the bringing of such land under this 8;ie. Act; every such caveat shall be signed by the caveator or by his agent, and shall particularize the estate or rnterest claimed; and the person lodging such caveat shall, if required by the Registrar, support the same by a statutory declaration, stating the nature of the title under which the claim is made, and also deliver an abstract of his title to such estate or interest. within the time appointed by the Referee under section 33, erthi this H , inclusion of this page is authorized by L.N. a O / l9m REGISTRATION OF TITLES Notice of Caveat. Procedure for dealing with same. Lapse of caveat if not y;.x in@. Cavent not ramwable. No such caveat shall be received unless some address or place within the limits of the city of Kingston shall be appointed therein as the place at which notices and proceed ings relating to such caveat may be served. 44. The Registrar, upon receipt of such caveat, shall notify the same to the applicant, and shall suspend pro ceedings in the matter until such caveat shall have been withdrawn or shall have . lapsed as hereinafter provided, or until an order in the matter shall have been obtained from the Supreme Court or a Judge. The applicant may, if he think fit, summon the caveator to attend before the Supreme Court, or a Judge in Chambers, to show cause why such caveat should not be removed, and such Court or Judge may, upon proof that such caveator has been summoned, make such order in the premises, either ex parte or otherwise, as to such Court or Judge may seem fit. 45. After the expiration of one month from the receipt thereof, such caveat shall be deemed to have lapsed unless the person by whom, or on whose behalf, the same was lodged shall within that time have taken proceedings, in a court of competent jurisdiction, to establish his title to the estate or interest specified in the caveat, and shall have given notice thereof to the Registrar, or shall have obtained and served on him an injunction or order of the Supreme Court or a Judge restraining him from bringing the land under the operation of this Act. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest. 46. In case the applicant, or the person in whose name the certificate of title has been directed to issue, shall die between the application and the registration of the certificate, it shall be registered in the name of such applicant [The inolution of thir pope k anthobd by LN. 480/19731 REGISTRATION OF TITLES 33 or of such person, as the case may be, and such land shall devolve or pass in like manner, as if the certificate had been registered prior to the death of such applicant or person. Registration of Land with doubtful Title 47. Notwithstanding anything hereinbefore contained, Bringing a Referee may after the publication of such advertisement doubtful as he may deem fit direct the Registrar to bring any lands under the operation of this Act upon the applicant contri buting to the Assurance Fund, in augmentation thereof, such an additional sum of money as the Referee shall certify under his hand to be in his judgment a sufficient indemnity by reason of the non-production of any document affecting the title, or of the imperfect nature of the evidence of title, or against any uncertain or doubtful claim or demand arising upon the title. land with I Ofice Copy of Decree or Order as Evidence of Title Supreme Court or any District Court, or which shall here after be made by the Supreme Court or any Resident Magistrate’s Court (whether such order shall hereafter be in tedbp the form of an order confirming the Registrar‘s or Clerk’s 8 Z e f e r e o report or in any other form) confirming a person as the ,,f6Ua purchaser of any land sold in fee simple under or in pur suance of any decree or order of such Court, together with an office copy of such decree or order, and such certificate of payment as is hereinafter mentioned may, for the purpose of bringing land under the operation of this Act, be deemed by a Referee sufficient evidence of the title of the purchaser to such land, subject to any estate or interest appearing by the decree or order or order of confirmation, or subsequently created and registered. Every order of confirmation of a purchase which shall hereafter be made shall be drawn up so as to refer to a 48. An office copy of any order heretofore made by the Hopfat O f f i b ?%for O d ! l I r as dvidencs I C I h inclusion of thir psln ir authorimd by L.N. 4RO119731 34 REGISTRATION OF TLTLES schcdulc thereto. coiitaiiiiiig (tic name and addition of the purchascr atid clcscription d' the land purchased by him, and the Registrar of the Supreme Court or Clerk of a Rcsident hkigistratc's Court is hereby required, after pay ment and acceptance of all the money payable in respect of any particular purchase, to give upon any office copy of any such order of confirmation a written certificate that the purchase money and all interest in respect thereof, pay able by any purchaser named in such certificate for any land therein referred to, hnvc: becii wliolly paid. Pi irc It ascr rcq i iirii ig Registered Title 49. When any contract shall have been made for the sale and purchase of any land, then unless the person agreeing to sell such land shall have stipulated to the contrary, it shall be lawful for the purchaser at any time before the comple tion of the purchase, to require that the vendor shall insteai of making a conveyance bf such land, cause him to be registered as proprietor of the land, the subject of the contract, under the provisions of this Act, with an absolute title, in cases where the land has been agreed to be sold with out any special conditions as to title, or with a title subject to such qualifications as may be in accord with the condi tions under which the land was agreed to be sold : Provided that nothing herein contained shall deprive any vendor of any right which may arise out of such contract for sale by reason of any rule of law and equity : Provided also that the incidence of costs as provided for under the Conveyancing Act, shall be in no way affected. Purchaser registeied thisAct. may rcquire title under Duties of vendor if cxcrclscs option. purchaser 50. If the purchaser shall exercise the option hereby vested in him, the vendor shall furnish him with the in formation which he is under the said Conveyancing Act bound to fumish, and shall submit the draft application form filled in with such pa.rticulars, and the purchaser shall flhe inclusion of this page is autharizcd by L.N. 480119f31 REGISTRATION OF TITLES 35 at his own expense make all such search@ and investigations into the title as are required to mafre the application complete. 3&zr 51. The costs of the application form, the fees payable under this Act and stamp duty, if any, shallbe deemed to be the vendor‘s costs within the meaning of section 4 of the Conveyancing Act. Registration in lieu of Patent 52. In all cases in which prior to the 1st October, 1889, a R ismtion “patent” as defined herein would have been the appropriate *2by form of conveyance to any grantee of any lands, in lieu of lie th crownin of such patent it shall be sufficient for the Minister to issue p a k t directions to the Registrar to register the proposed grantee as the proprietor of the land to be granted to him, and the Registrar shall thereupon, upon payment by the proposed grantee of the fee payable for a certifiwte of title, without reference to the Referees or observance of any of the forms required to be abserved in other cases, forthwith bring the land described in such requisition under the operation of this Act, by registering the title of the person named in such requisition as the proprietor of the said land : Provided always that the Assurance Fund under this Act shall not be answerable in respect of any claim thereafter arising in reference to the said land, but the Government 25 1967 other cases under * this Act the applicant or the said Assurance Fund would be liable; and a note of the liability of the Government shall be made on every certificate of title issued under this section. I shall be liable in the same way and to the same extent as in s. 4 * 53. Any patent heretofore made may, for the purpose Pa nt of bringing land under the operation of this Act, ‘be deemed cv i~cncco~ su 8 lciont by the Registrar or a Referee sufficient evidence of the title title. of the grantee under any such patent to the land comprised Dhc inclusion of this page is authorized by L.N. 480119731 36 REGlSTRATlON OF TlTEES in such patent sbbject to any estate or interest a p m by such patent or subsequently created. Re-registration of Registered Lund by Plan 54.-(1) Any person entitled to d land, which shall have been registered otherwise than by plat or diagrram, may apply to have such land registered by plat of diagtam. (2) An application under this sectiondml.l in all respects be treated and dealt with as if it wen an 0 application to register land. The duplicate certScate of title shall accompany the application, and the same shall be retained and cancelled by the Registrar, and the 0 certificate of title shall also be cancelled by the Repistrsr, before the issue of a new certificate. (3) The Referee, when communicating any pro+ sional approval of thq registration of such title to the Registrar, shall, besides giving such dirtctions as 88 required in the case bf original applications, direct fhe Registrar to cause notification of the application to be served on all persons other than the applicant who appear by the certificate of title to have any interest in the land. Registration reglsterd land. Mode of by plan of application. Direction by Referee. Register Book; Mode of Registering; and e&xt of Registration owla and to 55. Land shall be brought under the operation of this underthe Act by the Registrar registering a certificate Certifying, OFrat ion this Act. Of under his hand and the seal of the Office, that a person there Third in named is the proprietor of the land therein described or Fornis Schedu*e. A identified, either with an absolute title or with such qualified and B. title as may have been directed and approved by the Referee, as the case may be. Such a certificate (herein called “certificate of title”) shall be in duplicate in the form in the Third Schedule; and the Registrar shall keep a book or file, to be called the Register be brought 25i19a7 s. 9. REGISTRATION OF TITLES 37 Book, and shall enter by either binding up or filing therein m e of the certificates of title, and shall delivef the other (hereinafter called the duplicate) to the proprietor, having previouslv marked thereon the volume and jolium of the Register Book in which the same is entered. Each certificate shall constitute a separate folium of such Book, and the Registrar shall endorse thereon, in such mannet as to preserve their priorities, the particulars of all dealings and matters afllecting the land by this Act required to be registered or entered. 56. Before the delivery of any certificate of title, a k i p t for it in the handwriting of the proprietor of such estate in such land as shall be therein described or his agent may be required when practicable, so as to prevent, as far as may be, personation. 57. At the time of the registration of any grant in fee G to two or more persons in joint tenancy for any public purpose, the Registrar shall endorse thereon, and on every subsequent certificate of title, the words "no survivorship", and sign his name thereto. 58. Every duplicate certificate of title shall be deemed and taken to be registered under this Act when the Registrar has marked thereon the volume and fdium of the Register Book in which the certificate is entered; and every instrument purporting to affect land under the operation of this Act shall be deemed and taken to be registered at the time when produced for registration, if the Registrar shall subsequently enter a memorandum thereof as hereinafter described in the Register Book upm the f o h m constituted by the existing certificate of title and also upon the duplicate; and the person named in any certificate of title or instrument so registered as the proprietor of, or having any estate or interest in or power over, the land therein described or identified, shall be C o . 'tuqg ActI & m e inclusion of this page is authorized by L.N. 48011973) 38 REGISTRATION OF TITLES deemed and taken to be the duly registered proprietor thereof, or as duly registered in respect of such estate, interest or power : Provided that if, before entering the memorandum here inbefore mentioned, the Registrar shall, for any reason, return the instrument to the person producing the same, the time of reproduction of the instrument for registration, after the requirements of the Registrar have been complied with, shall be the time of production for registration. Orderand 59. Every instrument presented for registration may be registration. in duplicate (except a transfer whereon a new certificate of title is required), and shall be registered in the order of, and as from, the time at which the same is produced for that purpose; and instruments purporting to affect the same estate or interest shall, notwithstanding any actual or constructfie notice, be entitled to priority as between them selves according to the time of registration, and not accord ing to the date of the instrument. Upon the registration of any instrument the Registrar shall bind up the original in his office in a book to be kept for that purpose and shall deliver the other (hereinafter called the duplicate) to the person entitled. priority of A S ~ O ~ O B . 60. The Registrar shall not enter in the Register Book notice of any trust, whether express, implied or construc tive; but trusts may be declared by any document, and a duplicate or an attested copy thereof may be deposited with the Registrar for safe custody and reference; and the Registrar, should it appear to him expedient so to do, may protect in any way he may deem advisable the rights of the persons for the time being beneficially interested thereunder, or thereby required to give any consent; but the rights incident to any proprietorship or to any instrument, dealing [The inclusion of this page is authorized by L.N. 450/ 19731 REGISTRATION OF TITLES 39 or matter, registered under this Act, shall not be in any manner affected by the deposit of such duplicate or copy, nor shall the same be registered. 61. Every memorandum entered in the Register Book Contentsof memoran entencd in shall slate the nature of the instrument or document to which dum it. relates, the time of registration or entry thereof, the name RegiSter of the grantee, and shall refer by number or symbol to such Book instrument or document, and shall be signed by the Registrar. 62. Whenever a memorandum of any instrument has Ent been entered on a certificate of title in the Register Book, the Registrar shall enter the like memorandum on the dupli cate nertificate, and he shall endorse on every instrument registered a certificate of the time at which the memorandum was entered in the Register Book : Provided always that the time at which the instrument was produced for registration, subject to the terms of the proviso contained in section 58, shall be deemed and shall be stated by the Registrar in his certificate, as the time at which the memorandum was entered in the Register Book. The Registrar shall authenticate such certificate by signing his name thereto and such certificate shall be received in all courts as conclusive evidence that such instrument has been duly registered and at the time stated in the said certificcrte. 63. When land has been brought under the operation EffFtiof. of this Act, no instrument until registered in manner herein ornod provided shall be effectual to pass any estate or interest in ofhsbrt. such land, or to render such land liable to any mortgage or charge; but upon such registration the estate or interest lands comprised in the instrument shall pass or, as the case may unkrmthis be, the land shall 6ecome liable in manner and subject to the Act* covenants and conditions set forth and specified in the instrument, or by this Act declared to be implied m instru registtahon registfation brougb [The inclusion of this page is authorized by L.N. 480/19731 REGlSTRATlON OF TITLES Issue of certificates of title. Joint tenants. tenants in ments of a like nature; and should two or more instruments signed by the same proprietor, and purporting to affect the same estate or interest, be at the same time presented to the Registrar for registration, the Registrar shall register and endorse that instrument which shall be presented by the person producing the certificate of title. 64. The proprietor of land under the operation of this Ad shall be entitled to receive a certificate of title to the same; and if any certificate be issued to a minor, or to a person under any disability, the Registrar shall state the age of such minor, or the nature of the disability, so far as known to him. 65. Two or more persons may be registered under this Act as joint tenants, tenants in common or coparceners of commonand coparcenen. any land. In ali cases where two or more persons are registered as tenants in common or as coparceners of any land one certificate for the entirety or separate certificates for the undivided shares may be issued; but in the case of persons registered as joint tenants, one certificate only shall be issued. Procedure 66. Upon the transfer of any land, and upon the lease registration of any freehold land, to two or more persons as joint joint proprietors, with the words, “no survivorship” endorsed propnet- thereon, the Registrar shall enter such words in the memorandum of such transfer or lease, and also upon any certificate of title issued to such joint proprietors pursuant to such transfer, and sign his name thereto. Where two or more persons are joint proprietors of any land or of any such lease, or of any charge, they may, by writing under their hands, direct the Registrar to enter the words “no survivorship” upon the certificate of title or instrument relating to the property. In every case after such words shall have been signed by the Registrar, whether as to of two or CThc inclusion of this page is authorized by L.N.WRO/1973] 41 under this or section 57 it shall not be lawful for any persons other than all the proprietors registered to transfer or other wise deal with the property without the order of the Supreme Court or a Judge thereof obtained on motion or petition or in cases where the value of the land affected shall not exceed four hundred dollars, then of the Resident Magistrate's Court of the parish in which the land is situated : Provided that nothing hereinbefore contained shall prevent the surviving or remaining trustee or trustees from transferring the land so as to give effect to any valid appoint writ of a new trustee or trustees or the Registrar from registering in the usual manner, such transfer. 67. Before the Court or Judge or Resident Magistrate shall make any such order, it or he may cause notice of the application for the same to be advertised once at least in one newspaper published in the city of Kingston, or circulating in the neighbourhood of the land, and shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made, after the expira tion of which time it shall be lawful for the said Court or Judge or Resident Magistrate to give directions for the transfer of such land or lease or charge to any new proprie tor or proprietors solely or jointly with or in the place of any existing proprietor or proprietors, or to make such order in the premises as shall be just for the protection of any person beneficially interested in such property, or in the proceeds thereof; and on such order being deposited with the Registrar he shall make such entries and perform such acts for giving effect thereto as the provisions of this Act may render necessary. I I I , 68. No certificate of title registered and granted under this Act shall 'be impeached or dehsible by reason or on account of any informality or irregularity in the application for the same, or in the proceedings previous to the rcgistra 42 KEGlSl'RATlON OF TITLES tion of the certificate; and every certificate of title issued under any of tfie provisions herein contained shall be received in all courts as evidence of the particulars therein set forth, and of the entry thereof in the Register Book, and shall, subject to the subsequent operation of any statute of limitations, be conclusive evidence that the person named in such certificate as the proprietor of or having any estate or interest in, or power to appoint or dispose of the land therein described is seised or possessed of such estate or interest or has such power. use of 69. In any suit for specific performance, or in any action certificate of titlein for damages, brought by a proprictoi of any land under actions btweu, the operation of this Act against a person who may have pUIchuu. wndormd contracted to purchase such land, not having notice of any fraud or other circumstana which, according to the provi sions of this Ait, WOW affect the right of the vendor, the certificate of title of such proprietor shall, if such proprietor is registered with an absolute title, be held to be conclusive evidence that such proprietor has a good and valid title to the land for .the estate or interest therein mentioned or described, and shall in any such suit entitle such proprietor to a decrce for the specific performance of such contract. And if such proprietor is registered with a qualified title the certificate shall be conclusive evidence tbat he has a good and valid title, subject to tho qualification therein set forth. P*fe?tid ~d pnor 70. Notwithstanding the existence in any other person rights of any estate or interest, whether derived 'by grant from favourof the -Crown or otherwise, which but for this Act might be proprietor. herd to be paramount or to have priority, the proprietor of land or of any estate or interest in land under the opera tion of this Act shall, except in case of fraud, hold the same as the same may be described or identified in the certificate of title, subject to my qualification that may be specified in the certificate, and to such incumbrances as may be notified defeated in registered , [ ~ i a c l u s i o D o f t b i s H l c i l ~ b L*N. 480/1973] REOISTRATION OF TITLES 43 on the folium of the Register Book constituted by his certifi cate of title, but absolutely free from all other incumbrances whatsoever, except the estate or interest of a proprietor claiming the same land under a prior registered certificate of title, and except as regards any portion of land that m y by wrong description of parcels or boundaries be included in the certificate of title or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser: Provided always that the land which shall be included in any certificate of title or registered instrument shall be deemed to be subject to the reservations, exceptions, condi tions and powers (if any), contained in the patent thereof, @nd to any rights acquired over such land since the same was brought under the operation of this Act under any statute of limitations, and to any public rights of way, and to any easement aequired by enjoyment or user, or subsisting over or upon or atfecting such land, and to any unpaid rates and assessments, quit rents or taxes, that have accrued due since the land was brought under the operation of this Act, and also to the interests of any tenant of the land for a term not exceeding three years, notwithstanding the same respectively may not be specially notified as incumbrances in such certificate or instrument. 71. Except in the case of fraud, no person contracting Pr0-n top ties or dealing with, or taking or proposing to take a transfer, dcali with from the proprietor of any registered land, lease, mortgage regis etor. red or charge, shall be required or in any manner concerned to f enquire UI ascertain Ihz circumstances under, or the consideration for, which such proprietor or any previous proprietor thereoi was registered, or to see to the application of any purchase or consideration money, or shall be affected by notice, actual or copstructive, of any trust or unregistered interest, any rule of lkw or equity to the contrary notwith I , phc inclusion of this page is authorkcd by L.N. 4W19731 44 REGISTRATION OF TITIJFS standing; and the knowledge that any such trust or unregistered interest is in existenoe shall not of itself be imputed as fraud. Righb9etc.. 72. The person named in any certificate of title as the proprietorof proprietor of any estate of freehold in possession in the *hold land therein described shall be held, in every court to be sub@to a 1-0. seised of the reversion and inheritance in the land imme diately expectant upon the term of any lease that may be mentioned as an incumbrance in such certificate, and to have all powers, rights and remedies, to which such a reversion by law is entitled, and shall be subject to aIl the covenants and conditions in such lease to be performed and observed by or on the part of the lessor. of registered an estate of Rightsand 73. Without lessening or prejudicing any of the other personfor rights, powers and remedies, by this Act given and con registercdas ferred every proprietor, and every transferee, when prop*etor. registered, of any land, lease, mortgage or charge shall whilst continuing so registered have the same estates, rights, powers and remedies, and be subject to the same engage ments, obligations and liabilities, and may sue and be sued in his own name in respect thereof or thereupon in like manner as if he had been the original proprietor of the land by or with whom the engagement, obligation or liability, sued upon was entered into or incurred, or the original mortgagee, lessee or annuitant. liabilities of time being Use by 74. The proprietor of any land, or any lease, mortgage inanyaction or charge, shall, on the application of any beneficiary or person interested therein, be bound to allow his name to proprietor. be used by such beneficiary or person in any action, suit or proceeding, which it may be necessary or proper to bring or institute in the name of such proprietor concerning such land, lease, mortgage or charge, or for the protection or benefit d . t h e title vested in such proprietor, or of the beneficiary of the name of any [The inclusiotl of chis page is authoriad by LN. 430/19731 K EGISl’R A 1‘10 N OF TITLES 45 interest of any such beneficiary or person; but nevertheless such proprietor shall, in any such case, be enlilled 10 be indemnified in like manner as if, being a trustee, he would before the commencement of this Act have been entitled to be indemnified in a similar case of his name being used in any such action, suit or proceeding, by his cesrui que trust. 75. When land shall have been brought under the opera- E I T ~ ofo tion of this Act, and a certificate shall have been issuzd subj+tto& subject to a mortgage or other incumbrance made or given “$;t$gz; ccrt ijcat c before the issuing of such certificate, such mortgagc or other incumbrance may be discharged in like manner as if it were a mortgage or other incumbrance made in the manner prescribed by and registered under this Act, and the mort gagee or other person claiming under such mortgage or incumbrance may exercise the same rights and remedies as if the mortgage or other incumbrance had been made and registered in the form and manrler prescribed bv this Act. I Inspection of Register Book I 76. Any person may, on payment of the fee for the time I n S F being payable in that behalf, inspect the Register Book O B f O o ~ ~ ~ during the hours and upon the days of business. The Registrar, on payment of the fee for the time being payable for a certified copy, shall furnish to any person applying for the same a certified copy of any certificate of title, filed plan, deposited plan, caveat or registered instru ment, affecting land under the operation of this Act; and every such certified copy, signed by him and authenticated by the seal of the Office of Titles, shall be received in evidence in any court of justice, or before any person having by law, or by consent of parties, authority to receive evidence as prima facie proof of the original certificate, caveat or instrument, and of aU the matters contained or recited in or endorsed thereon respectively. ?s2:t& me inclusion of this page is authoriwd by L.N. 480/1973] 46 REGISTRATION OF TITLES Provisions as to Certificates As to exchanging certificates. References to be noted in Register to enable title to be traced. What Registrar m a y require. 77. On the application of any proprietor of land held under one or more certificates of title, or of land so held and of land about to be brought under this Act and on his delivering up the duplicate certificates of title the Registrar may register one certificate of title for the whole of such land, or several certificates for the several portions thereof in the name of such person in accordance with such applica tion, so far as the same may be done consistently with any regulations for the time being in force respecting the parcels of land that may be included in one certificate of title, and upon registering any certificate under this section the Registrar shall cancel the previous certificate and the dupli cate thereof and shall endorse thereupon a memorandum setting forth the occasion of such cancellation and referring to the new certificate. 78. Such references shall. be noted in the Register Book and on instruments filed hereunder, as will allow the title to be traced either downwards from or upwards to the original certificate; but it shall not be necessary, in any certified copy of any certificate or instrument, to insert such references; and every such copy shall be deemed complete notwithstanding the omission of such references. 79. The Registrar, if in his opinion the number or nature of the entries on any certificate of title or the condition of the certificate of title or the duplicate or special certificate of title render it expedient so to do, may require that the dupli cate or special certificate of title be surrendered for cancella tion and upon such surrender the Registrar shall proceed as if an application had *been made to him under section 77 for the registration of a new certificate of title for the land comprised in the surrendered certificate. [Thc inclusion of this page is authorizeJ by LN. 48011979 REGISTRATION OF TITLES 47 80. On the occasion of the registration of a certificate of Registrar's power to 25/1%7 title to registered land or at any time thereafter the Registrar, amend. after such enquiry and notices, if any, as he may consider S. lo(l). proper and upon the production of such evidence and the compliance with such requests, if any, as he may think necessary to require or make, may amend the description of the land by the omission of any general words of description or in such other manner as he may think proper; omit such entries or portions of entries as he is satisfied no longer affect the land or the title thereto; insert, amend or delete the name of any road and the number by which any land on such road is designated; substitute the correct name, address or occupation of any person whose name, address or occupation was incorrectly entered. 81.-( 1) Whenever any transaction or transmission under this Act is proposed to be registered, and it is required by this Act that a memorandum of such transaction or trans mission shall be endorsed upon the duplicate certificate of title, the Registrar may dispense with the production of ~e such duplicate and the making of such endorsement thereon. (2) In every such case, upon the registration of the transaction or transmission the Registrar shall notify, in the memorandum in the Register Book, that no entry of such memorandum has been made on the duplicate, and such transaction or transmission s h d thereupon be as valid and effectual as if such memorandum had been entered thereon. (3) Provided always that the Registrar before registering such transaction or transmission shall require cased. I C l b inclasion of this page is authorized by L.N. 480/1973] 48 REGISTRATION OF TITLES proof to his satisfaction by statutory declaration that the duplicate is not deposited or held as security or otherwise, and whether it is subject to any lien, and shall give at least fourteen days’ notice of his intention to register such transaction or transmission in at least one newspaper and such other notice, if any, as he may think fit. Proceedings 82.-(1) Whenever a duplicate certificate of title or title being special certificate of title is lost or destroyed the registered proprietor of the land or some person claiming through him may apply to the Registrar to cancel the certificate of title and to register a new certificate in duplicate in the name of the registered proprietor or his transferee in place of such certificate and duplicate or special certificate. On proof being furnished to his satisfaction of such loss or destruction, and on such requisitions, if any, which he may make being complied with, and on the expiration of the notice to be given as hereinafter provided without sufficient cause having been shown against the application, the Registrar shall cancel the certificate and register a new certificate in duplicate in the name of the registered proprie tor or his transferee in place of the former certificate and duplicate or special certificate? both of which shall thereupon be deemed to be cancelled. (2) Before disposing of the application the Registrar shall give at least fourteen days’ notice thereof in at least one newspaper and such other notice, if any, as he may think fit. (3) An application under this section may be com bined with an application under section 81 to dispense with the production of a duplicate certificate. on certificate Construction oftitle. 83. Every certificate of any person or corporation, sole or aggregate, being the proprietor of an estate in fee simple, whether in possession, remainder or reversion, and every of certificate lThe inclusion of this page is authorized by L X 480/1973] RECtSTRATlON OF TITLES 49 instrument transferring or creating such an estate to or in favour of any person or corporation shall imply and be deemed to include the heirs of such person, or the successors of such corporation. 84. A married woman who is registered as a “proprietor” WO- M a i d within the meaning of this Act shall for all the purposes of this Act be deemed to be a fern sole. Title acquired by possession of registered land 85. Any person who claims that he has acquired a title by possession to land which is under the operation of this Act may apply to the Registrar to be registered as the pro prietor of such land in fee simple or for such estate as such person may claim. 86.--(1) Every application under section 85 shall (a) be ip the form set out in the First Schedule, sub stituting for the words “hereby apply to have the lands hereinafter described brought under the operation of the Registration of Titles Act”, the words “hereby apply to be registered as the pro- 2s 1967 prietor of the lands hereinafter described, such lands having already been brought under the operation of the Registration of Titles Act,” and with such other modifications as the cast m y require; s (1. (6) b e m @ e d b y (9 the evidence upon which the applicant relies (ii) an aflidavit containing such particulars a8 m support of his application; may be prescribed; p inchuion of thir ir by U. m/t~3i 50 REGISTRATION OF TITLES Eighteenth Schedule. Cancella tion of existing title and registra tion of title ac quired by possession. 2511967 s. 11. Transfer of rcgisteted land. Fourth Schedule. Forms A, and C. (iii) the fees set forth in the Eighteenth Schedule as payable on an application to bring land under the operation of this Act; (iv) a certificate from the proper officer that all quit rents and property tax affecting the land have been paid up to the date of the application. (2) The provisions of sections 31 to 36 (both inclu sive) and sections 43 to 46 (both inclusive) shall apply, mutatis mutandis, in relation to an application under section 85 as they apply in relation to an application to have land brought under the operation of this Act. 87. If at the expiration of the time appointed by the Referee under section 33 for the lodging of a caveat the Registrar has not received a caveat forbidding the registra tion of the title of the applicant thk Registrar shall do any of the following, namely (a) cancel any existing certificate of title or rectify such certificate so as to conform with the registration of the title of the applicant; (b) issue any new certificate of title with such descrip tion or identification of the land as may have been approved by the Referee. Transfers 88. The proprietor of land, or of a lease, mortgage or charge, or of any estate, right or intercst, therein respec tively, may transfer the same, by transfer in one of the Forms A, B or C in the Fourth Schedule hereto; and a woman entitled to any right or contingent right to dower in or out of any freehold land shall be deemed a proprietor within the meaning hereof. Upon the registration of the transfer, the estate and interest of the proprietor as set forth in such instrument, or which he shall be entitled or able to [The inclusion of this page is authorized by U. 4SU/1973] REGISTRATION OF TITLES 51 transfer or dispose of under any power, with all rights, powers and privileges thereto belonging or appertaining, shall pass to the transferee; and such transferee shall there upon become the proprietor thereof, and whilst continuing such shall be subject to and liable for all and every the same requirements and liabilities to which he would have been subject and liable if he had been the former proprietor, of the original lessee, mortgagee or annuitant. 89. By virtue of every such transfer as is herein mentioned =of the right to sue upon any mortgage or other instrument, ~ C T . and to recover any debt, sum of money, annuity or damages, thereunder (notwithstanding the same may be deemed or held to constitute a chose in action), and all interest in any such debt, sum of money, annuity or damages, shall be transferred so as to vest the same at law as well as in equity in the transferee thereof: Provided always that nothing herein contained shall prevent a court from giving effect to any trusts afbting such debt, sum of money, annuity or damages, in case the transferee shall, as between himself and any other person bold the same as a trustee. 90. The proprietor of land, or of any estate or interest PO nof in land, under the operation of this Act, whether of the p$z nature of real or personal property, may transfer such land, & ' a ~ ~ estate or interest, to his wife or if such proprietor be a married woman it shall be lawful for her to make such transfer to her husband, or it shall be lawful for such pro prietor to make such transfer directly to himself and another person, or if seised or possessed jointly with any other person then jointly with such person to himself alone, or to create or execute any power of appointment or disposition, or to create or limit estates in remainder, or otherwise, as legal estates of or concerning land the subject thereof, without the intervention of any precedent or particular estate, and [The inclusion of this page is outhorizcd by L.N. 480119731 52 REGISTR A TlON OF TITLES also like estates as legal estates without the employment ot intervention of any form of use; and upon the registration of such transfer, the land, estate or interest, shall vest in the transferee solely or jointly, as the case may be, or in the person in whose favour any such power may have been executed, or who may take under any such limitation or otherwise, according to the intent and meaning of such instrument, and she, he or they, shall become and be deemed the proprietor or proprietors thereof. H C W ~ X registered. 91. Whenever by a transfer, or by any other lawful mode, a portion only of the land comprised in any certificate of title passes to any person other than the registered proprietor thereof, the Registrar, having duly registered the instrument under which such portion passes, shall, on payment of the fee payable under the provisions of this Act, register the title of the person to whom such interest has passed in manner hereinbefore provided in the case of land being first brdught under the operation of this Act; but when the whole of the land passes to any person other than as aforesaid, it shall not be bicumbent on the Registrar to make out a new certificate of title in the name of such person, but such person shall be deemed to be duly registered as proprietor of such land when a memorandum of the transfer or other legal mode as aforesaid shall have been registered under this Act: Provided always that if the transferee desire it, the Registrar shall cancel the certificate of title and the duplicate, and shall retain such duplicate, and issue a new certificate of title in the name of the transferee : Provided also that where a portion only of the land comprised in a certificate of title passes to any person other than the registered proprietor thereof the Registrar may, if he considers that the description of the portion so passing is inadequate to enable the boundaries thereof to be easily fer [The ioclusioo of this page is uutliohxl by LN 4SO/1!)731 REGISTRATION OF TITLES 53 ascertained, refuse to register the title of the person to whom such portion passes unless the portion so passing is described and identified by plat or diagram. 92. In every transfer of land under the operation of this Im lied Act subject to a mortgage or charge, there shall be implied by 9 mnsfcreo a covenant with the mortgagee or annuitant by the transferee sub and transferees, that he or they will pay the interest secured by such mortgage, after the rate, and at the time and in the manner therein specified, or will pay the annuity at the times and in the manner specified in the charge, and in the case of land subject to a mortgage, a covenant with the transferor similarly binding that he or they will indemnify and keep harmless the transferor and his representatives from and against the principal sum secured by the mortgage, and from and against all liability in respect of any of the covenants therein contained, or by this Act declared to be implied therein, on the part of the trwferor : Provided that no such transfer shall be registered unless duly executed by the transferee. CO nants of1 nd to a binding the latter and his heirs, executors, administrators cha*e. e I qFb 93. Whenever any transfer or lease of freebold land shall contain the words “Together with a right of carriage way of over ” bpecifying or describing the road or roads over whch the easement is created, and referring to a map endorsed whereon such road or roads is or are coloured I such words shall have the same effect, and be construed as if there had been inserted in such transfer or lease the words contained in Forms A and B respectively in the Fifth Schedule. easement over or upon or afltecting any land under the operation of this Act shall be entered on the fdium of the Register Book, constituted by the existing certificate of title A memorandum of any transfer or lease creating any T Flw inclusion of this pue L authorized by L.N. 480119131 54 REGZSTRATZON OF TZTLES of such land, in addition to any other entry concerning such instrument required by this Act. Leares 94. An y freehold land under the operation of this Act may be leased for any term not being less than one year by the execution of a lease thereof in the form in the Sixth Schedule, and the registration of such lease under this Act; but no lease of any land subject to a mortgage or charge shall be valid or binding against the mortgagee or annuitant unless he shall have consented in Writing to such lease prior to the same being registered. Lease of land. Sixth registered Schdule. Implid I-. 95. In every lease made under the provisions of this Ad there shall be implied the following covenants With the lessor and his transferees by the lessee, binding the latter and his heirs, executors, administrators and transferees, that is to say covenants by that he or they will pay the rent reserved by the lease at the times therein mentioned, and all rates and taxes which may be payable by the occupier of such Ieased property during the continuance of the lease unless otherwise specially provided; that he or they will keep and yield up the leased property in good and tenantable repair, accidents and damages from storm and tempest, or other acts of God and the Queen's enemies, and reasonable wear and tear, excepted. Implid* em 96. In every lease made under this Act them shall also be implied in the lessor and his transferees the following powers, that is to say (a) that he or they may, with or without surveyors, workmen or others, once in every year during the term, at a reasonable time of the day, enter upon [Thc inclusion of this pepe is authorized by L.N. 480119731 REGISTRATION OF TITLES 55 the leased property, and view the state of repair thereof; (b) that in case the rent or any part thereof shall be in arrear for the space of one month, although no legal or formal demand shall have been made for payment thereof, or in case of any breach or non-observance of any of the covenants expressed in the lease, or by this Act declared to be implied therein, on the part of the lessee or his transferees, and such breach or non-observance continuing for the space of one month, it shall be lawful for the lessor or his transferees to re-enter upon and take possession of the leased property. 97. Whenever, in any lease made under this Act, the Adoptionof lessee shall employ any of the forms of words contained of rovisionr any number therein, such lease shall be taken to have the %wenth same effect and be construed as if he had inserted therein the form of words contained in column two of the same Schedule, and distinguished by the corresponding number, and every such form shall be deemed a covenant with the lessor and his transferees by the lessee, binding the latter and his heirs, executors, administrators and transferees, but it shall not be necessary in any such lease to insert any such number. There may be introduced into or annexed to any of the forms in the first column any express exceptions from or express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. sh rtfom in column one of the Seventh Schedule, and distinguished by Evenanb. li schedule. , 98. In every transfer of a lease made under this Act, and in every transfer of a grant for years, there shall be implied a covenant with the lessor by the transferee binding him and his heirs, executors, administrators and transferees, that he ydars. or they will thenceforth pay the rent by the lease or grant ~~~ ~~ me inclusion of this page is authorized by L.N. 480/1973] 56 REGISTRATION OF TITLES Entry of recovery of land by lessor. Trans mission on bankruptcy of lessor. reserved, and perform and observe all the covenants contained in the lease or grant, or by this Act declared to be implied in the lease, and on the part of the lessee or his transferees to be performed and observed, and a covenant with the transferor that he will indemnify and keep harmless the transferor and his representatives against all actions, suits, claims, and expenses, in respect of the non-payment of such rent, or the breach or non-observance of such covenants or any of them : Provided that no such transfer shall be registered unless the same is duly executed by the transferee. 99. The Registrar, upon proof to his satisfaction of re entry by the lessor or his transferees in *manner prescribed by the lease or by virtue of the power conferred by sub paragraph (b) of section %, or of recovery of possession by a lessor or his transferees by any proceeding in law, shall note the same by entry in the Register Book and on the duplicate certificate of title and thereupon the term for which the land was leased and the estate of the lessee shall determine but without releasing the lessee from his liability. in respect of the breach or non-observance of any covenant expressed in the lease or by this Act declared to be implied therein. 100. Upon the bankruptcy of the proprietor of any lease made under this Act subject to one mortgage only, or to several mortgages, if owned by the same person, the Registrar on the application in writing of the mortgagee or his transferees, accompanied by a statement signed by the trustee of such bankrupt refusing to accept such lease, shall enter in the Register Book a note of such refusal; and such entry shall operate as a foreclosure, and as a transfer of the interest of the bankrupt in such lease to the mortgagee or his transferees; and if he or they shall neglect or refuse to make such application as aforesaid within forty-two days after notice in writing in that behalf from the lessor or his me inclusion of this page is authorized by L.N. 48OJ1973) REGISTRATION OF TITLES 57 VI transferees shall have been served on the mortgagee or his transferees, by being given to him or them, or by being sent through the post office by a registered letter directed to him or them at his or their address, as stated in the mortgage or transfer thereof, the Registrar, on the application in writing of the lessor or his transferees to be registered as a surrenderee or surrenderees of the lease, accompanied by such a statement as aforesaid, and proof of such neglect or refusal, shall enter in the Register Book notice of such statement and of such neglect or refusal; and such entry shall operate as a surrender of such lease discharged from the mortgage or several mortgages as aforesaid, but without prejudice to any action or cause of action which shall previously have been commenced or accrued in respect of any ;breach or non-observance of any covenant expressed in the lease, or by this Act declared to be implied therein. 101. A lease made under t h i s Act may be surrendered S m n d e r of lease. and determined as well by operation of law or under any enactment now or hereafter to be in force relating to bank rupts and their estates, as by the word “Surrendered” with the date being endorsed upon such lease or on the duplicate thereof (if any) and signed by the lessee or his transferee and by the lessor or his transferee and attested by a witness. The Registrar shall enter in the Register Book a memoraii dum recording the date of such surrender, and shall likewise endorse upon the duplicate (if any) a memorandum record ing the fact of such entry having becn made. Upon such entry in the Register Book, the estate and interest of the lessee or his transferee shall vest in the lessor, or in the proprietor for the time being of the reversion and inheritance in the land immediately expectant on the term; and production of such lease, or duplicate (if any) bearing such endorsement and memorandum, shall be sufficient evidence that such lease has been legally surrendered : me inclusion of this page is authorized by L.N. 480/19731 58 REGISTRATION OF TITLES Under leases. 2511967 5. 12. MO*-= and charges affecting land. Eighth Schedule. Ninth Schedule. Provided that no lease subject to a mortgage or charge shall be so surrendered without the consent in writing of the proprietor of such mortgage or charge. 102.41) The lessee of land under the operation of this Act may by instrument in the prescribed form make under this Act an under-lease out of his leasehold interest with a leasehold reversion. (2) The registration of an under-lease shall be effected by the Registrar entering, on the instrument of the appropriate head lease lodged with him, a memorandum of such under-lease. (3) The determination of a registered head lease by forfeiture: or operation of law, or by surrender under any enactment relating to bankruptcy shall also have effect as a determination of the under-lease derived therefrom. (4) In every under-lease granted under this Act there shall be an implied covenant that the under-lessor will, during the term of such under-lease, pay the rent reserved by and perform and observe the covenants and agreements contained in the head lease and required on his part to be paid, performed and observed, as the case may be. (5 ) All the provisions of this Act relating to leases, lessors and lessees shall, subject to the provisions of this section, apply mutatis mutandis to under-leases, under lessors and under-lessees, respectively. Morigages and Charges 103. The proprietor of any land under the operation of this Act may mortgage the same by signing a lnortgage thereof in the form in the Eighth Schedule, and may charge the same with the payment of an annuity by signing a charge thereof in the form in the Ninth Schedule. "Ihe inclusion of this page is authorized by LN. 1M)/IW31 59 REGlSTRATlON OF TITLES 104. The proprietor of any land under the operation of M v tab dw Tslrth this Act may mortgage the same to any building society m. by signing a mortgage thereof in the form in the Tenth Schedule. 105. A mortgage and charge under this Act shall, when E f l - d registered as hereinbefore provided, have effect as a h e , mortllyr but shall not operate as a transfer of the land thereby mort gaged or charged; and in case default be made in payment of the principal sum, interest or annuity secured, or any part thereof respectively, or in the performance or observance gf any covenant expressed in any mortgage or charge, or hereby declared to be implied in any mortgage, and such default be continued for one month, or for such other period of time as may therein for that purpose be expressly fixed, the mortgagee or annuitant, or his transferees, may give to tht mortgagor or grantor or his transferees notice in writing to pay the money owing on such mortgage or charge, or to perform and observe the aforesaid covenants (as the case may be) by giving such notice to him or them, or by leaving the same on some conspicuous place on the mortgaged or charged land, or by sending the same through the post office by a registered letter directed to the then proprietor of the land at his address appearing in the Register Book. resirtsrinl. 106. If such default in payment, or in performance or POW* observance of covenants, shall continue for one month afkr ofdefault. the service of such ngtice, or for such other period as may in such mortgage or charge be for that purpose fixed, the mortgagee or annuitant, or his transferees, may sell the land mortgaged or charged, or any part thereof, either altogether or in lots, by public auction or by private contract, and either at one or at several times and subject to such terms and conditions as may be deemed fit, and may buy in or vary or rescind any contract for sale, and resell in manner sale in +8sCa LThc inclusion of this page is authorizd by L.N 480/19131 REGISTRATION OF TITLES aforesaid, without being liable to the mortgagor or grantor for any loss occasioned thereby, and may make and sign such transfers and do such acts and things as shall be necessary for effectuating any such sale, and no purchaser shall be bound to see or inquire whether such default as aforesaid shall have been made or have happened, or haw corltinued, or whether such notice as aforesaid shall have been served, or otherwise into the propriety or regularity of any such sale; and the Registrar upon production of a transfer made in professed exercise of the power of sale conferred by this Act or by the mortgage or charge shall not be concerned or required to make any of the inquiries aforesaid; and any persons damnified by an unauthorized or improper or irregular exercise of the power shall have his remedy only in damages against the person exercising the power. o~*urchase A Plication money. 107. The purchase money arising from the sale of the If the sale be by the mortgagee or his transferee mortgaged or charged land shall be applied as follows First, in payment of the expenses of and incidental to such sale and consequent on such default; secondly, in payment of the moneys which may be due or owing on the mortgage, thirdly in pay ment of subsequent mortgages and of any money which may be due or owing in respect of any sub sequent charge in the ordzr of their respective priorities; and the surplus (if any) shall be paid to the mortgagor: Provided always that if the sale be made by a mortgagee or his transferees, and there is a sub sequent charge, the purchase moneys, after there shall have been made thereout all proper prior payments, shall be deposited by him or them in the manner and names, and for the purposes, corresponding with those after mentioned. me inclusion of this page is authorized by LN. 480/19731 REGISTRATION OF TITLES If the sale be by the annuitant or his transferees First, in payment of the expenses of and incidental to such sale and consequent on such default; then in payment of the moneys which may be due or owing to the annuitant or his transferees; and the residue shall be deposited by him or them at interest in the Workers Savings and Loan Bank, in the joint names of the annuitant or his trans ferees and of the Registrar, to satisfy the accruing payments of the charge, and, subject thereto, for the benefit of the persons who may be or become entitled to the residue of the deposited money. 108. Upon the registration of any transfer signed by a ~ f i q o f mortgagee or annuitant, or his transferees, for the purpose of such sale as aforesaid, the estate and interest of the mortgagor or grantor in the land therein described at the time of the registration of the mortgage or charge, or which he was then entitled or able to transfer or dispose of under any power of appointment or disposition, or under any power herein contained, shall pass to and vest in the purchaser, freed and discharged from all liability on account of such mortgage or charge, and of any mortgage, charge or incumbrance, registered subsequently thereto, excepting a lease to which the mortgagee or annuitant., or his transferees, shall have consented in writing; and the purchaser when registered as the proprietor shall be deemed a transferee of such land, and shall be entitled to receive a certificate of title to the same. , 109. The mortgagee or annuitant, or his transferees, upon default in payment of the principal sum or interest or annuity, or any part thereof respectively, at the time men tioned in the mortgage or charge, may enter into possession or&uitant of the mortgaged or charged land by receiving the rents and profits thereof, and may distrain upon the occupier or p’he inclusion of this paee is authorized by LN. 480/19731 62 REGISTRATION OF TITLES Power of distress in cases of interest or annuity beingin amear. tenant of the land under the power to distrain hereinafter contained, or may bring an action of ejectment to recover the land either before or after entering into the receipt of the rents and profits thereof, or making any distress, and either before or after any sale of such land shall be affected under the power of sale aforesaid, in the same manner in which he or they might have brought such action if the mortgage money or annuity had been secured to him or them by an assurance of the legal estate in the land mortgaged or charged and any mortgagee or his transferee shall be entitled to foreclose the right of the mortgagor or his transferees to redeem the mortgaged land in manner hereinafter provided. 110. Besides his other remedies, every mortgagee or annuitant for the time being, and every transferee of a mortgage or charge for the time being, shall be entitled, as often as it shall happen that the interest or annuity or any part thereof respectively shall be in arrear for twenty-one days, and after seven days shall have elapsed from an application to the occupier or tenant for the payment there of, to enter upon the mortgaged or charged land and distrain the goods and chattels of such occupier or tenant for the arrears of the said interest or annuity, and the distress and distresses then and there found to dispose of in like manner as landlords may do in respect of distresses for rent reserved upon common demises, and out of the sale moneys to retain the moneys which shall be so in arrear and all costs and expenses occasioned by such distress and sale : Provided that no occupier or tenant shall be liable to pay to any such mortgagee or annuitant or transferee a greater sum than the amount of rent which at the time of making such application for payment shall be due from such occupier or tenant; and any amount so paid, as well as any amount which shall be paid by him to any such [The inclusion of this page b authorized by LN. 480/1913] 63 mortgagee or annuitant or transferee during the time he may be-in receipt of the rents and profitsi shall be held to be pro tanto satisfaction of the rent : And provided also that if there be more than,one mort gage or charge on any land the mortgagees or annuitants shall be entitled to exercise the remedy given by this section according to their priorities. Ill. In every mortgage made under the provisions of ~w-nu this Act there shall be implied covenants with the mort: E%::. gagee and his transferees by the mortgagor, binding the latter, and his heirs, executors, administrators and trans ferees, that he or they will pay the principal money therein mentioned on the day therein appointed, and will, so long as the principal money or any part thereof shall remain unpaid, pay interest thereon or on so much thereof as shall for the time being remain unpaid, at the rate, and on the days and in manner therein specified; also that he or they will repair and keep in repair ail buildings or other im provements which shall have been or shall be erected or made upon the mortgaged land, and that the mortgagee and his transferees may at all reasonable times until such mortgage be redeemed, enter into and upon such land, with or without surveyors or others, to view and inspect the state of repair of such buildings or improvements. 112. A mortgagee of or annuitant upon land leased under this Act, and his transferees, after entering h t o possession of the land, or the receipt of the rents and profits thereof, shall during such possession or receipt, and to the extent of any benefit, rents and profits, which may be received, become and be subject and liable to the lessor of the said land or his transferees, or the person for the time being entitled to the reversion and inheritance expectant on the term of the lease, for the payment of the nmt nxerved by the lease, and the performance and obsemance of the minclud~a d thh PUS ir ~pthorirsd by LN. 480/19731 64 REGISTRATION OF TITLES Short :ovenant for insurance. Elcvcnth khedule. Rights of mortga ees until dis charge or transfer is registered. reservc! csvenants therein contained or by this Act declared to be implied therein, on the part of the lessee or his transferees. 113. Whenever in any mortgage made under this Act the mortgagor shall employ the form of words contained in column one of the Eleventh Schedule, such mortgage shall be taken to have the same effect and be construed as if he had inserted therein the form of words contained in column two of the same Schedule, and every such form shall be deemed a covenant with the mortgagee and his transferees by the mortgagor, binding the latter and his heirs, executors, administrators and transferees. There may be introduced into or annexed to the said form in the first column any express exception from or express qualification thereof, and the like exception or qualification shall be taken to be made from or in the form in the second column. 114. In addition to and concurrently with the rights and powers conferred on mortgagees and on transferees of mortgagees by this Act, every mortgagee for the time being of land under this Act and every transferee of a mortgage for the time being upon any such land shall, until a dlscharge from the whole of the money secured, or until a transfer upon a sale or an order for foreclosure, as the case may be, shall have been registered, have the same rights and remedies at law and in equity as he would have had or been entitled to if the legal estate in the land or term mortgaged had been actually vested in him, with a right in the mortgagor of quiet enjoyment of the mortgaged land until default in payment of the principal and interest money secured or some part thereof respectively, or until a breach in the performance or observance of some covenant expressed in the mortgage or to be implied therein by the provisions of this Act. Nothing contained in this section shall affect or prejudice the rights or liabilities of any such mortgagee or transferee after an order for foreclosure shall have been entered in the [Tbc inclusion of this page i s aulhorizcd by LN. 480/19731 REGISTRATION OF TlTLES 65 Register Book, or shall, until the entry of such an order, render a mortgagee of a lease made under this Act, or the transferee of his mortgage, liable to or for the payment of the rent reserved by the lease, or for the performance or observance of the covenants expressed or to be implied therein. 115. A mortgagor or his transferee shall not, either before A S ~ O oon#nt of or after such default or breach as aforesaid, commence in mottgageb his own name any action at law for or in respect of any cause of action for which a mortgagee or his transferee may sue under the last preceding section, without obtaining the previous consent in writing of such mortgagee or transferee, or his agent, to the commencement of such action, after giving which consent such mortgagee or transferee shall not be entitled to bring in his name any action in respect of the cause of action specified in such consent. If a mortgagor or his transferee shall bring any such action in his own name, and the defendant shall prove the existence of a mortgage, the plaintiff shall not be non-suited, nor shall there be a verdict or judgment against him, if he prove in reply that the action was brought with the written consent of the mortgagee, or of the transferee of his mort gage, or his agent. 116. Any sum of money which shall become payable to or order ixi any action by him, in the Supreme Court or in the mortgagor or his transferee under any judgment, decree any Resident Magistrate’P Court for or on account of any 3 : s waste or damage of or to the land mortgaged, shall be paid to the first mortgagee or his transferee, in reduction or satisfaction af the moneys secured; and if he shall not be willing to receive the same, or shall thereby be fully paid off the same, or the balance shall be paid to any subsequent mortgagee or his transferee, according to priority, in like reduction or satisfaction, and if no mortgagee or his I 1 [The inclusion of this m e is authorized by LN. dsO/ 19731 66 REGISTRATION OF TITLES transferee shall be willing or be entitled to receive the same, then to the mortgagor or his transferee for his own benefit. Summonsby 117. Any mortgagee or his transferee entitled to be paid forpayment mortgag- any s u m of money under section 116 may, either before or ofmoney after judgment or execution obtained under any decree or scction 116. order as aforesaid, apply to the Judge of the court in which such action was brought for a summons, calling on the plaintiff and defendant, or their solicitors or agents, to attend before the Judge to show cause why any such sum which shall have been recovered as damages in respect of any waste or damage as aforesaid, or which shall become payable on the settlement thereof, shall not be paid to such persons and for such purposes as in the next preceding section mentioned; and the Judge hearing the summons shall determine the matter thereof in a summary manner, and shall make such order therein as to costs and all other matters as may appear to be just and reasonable, and the decision of such judge shall be final and conclusive against Provided always that every order made in pursuance of this section shall be liable to be rescinded or altered by the court in like manner as other orders made by a single Judge. The Bailif€ or other officer who shall have the execution of any writ of seizure and sale issued in such action shall, on being served with a copy of such order, obey the same. accordmg to all parties: A pliation 118. Any money received by a first mortgagee or his recovered OPmonW by transferee under any proceeding commenced in his name =twg-- at law or in equity shall, after payment thereout of his costs, be applied in reduction or satisfaction of the moneys secured and, subject fhmtq M be &sposeu of according to the equities of the parties interested. me inclusion of thfi $& t authoriocd by L.N. 480/1973] REGISTRATION OF TIT= 67 119. Whenever default has been made in payment of - i for for0 bafom cbo the principal or interest money secured by a mortgage and ~losuro such default shall be continued for six months after the time for payment mentioned in the mortgage, the mortgagee or his transferee may make application in writing to the Registrar for an order for foreclosure; and such application shall state that such default has been made and hiis continued for the period aforesaid, and that the land mort gaged has been offered for sale at public auction by a iicensed auctioneer after notice of sale setved as hereinbefore provided, and that the amount of the highest ‘bidding at such sale was not sufficient to satisfy the moneys secured by such mortgage, together with the expenses occasioned by such sale, and that notice in writing of the intention of the mortgagee or his transferee to make an application for foreclosure has been served on the mortgagor or his transferee, by being given to him or them, or by being left on the mortgaged land, or by the same being sent through the post office by a registered letter directed to him or them at his or their address appearing in the Register Book, and also that a like notice of such intention has been served on every person appearing by the Register Book to have any right, estate or interest, to or in the mortgaged land subsequently to such mortgage, by being given to him or sent through the post office by a registered letter directed to him at his address appearing in the Register Book. Such application shall be accompanied by a certificate of the auctioneer by whom such land was put up for sale, and such other proof of the matters stated by the applicant as the Registrar may require, and the statements made in such application shall be verified by statutory declaration. notice to be published once in each of three successive weeks, St in at least one newspaper published in the city of Kingston, *-f. offering such land for private sale, and shall appoint a time 120. Upon such application the Regiitrar may cause o erfor fo losm, [The inclusion of this page is authorized by L.N. 14W19731 68 REGISTRATION OF TITLES (not less than one month from the date of the first of such advertisements) upon or after which the Registrar .shall issue to such applicant an order for foreclosure, unless the interval a sufficient amount has been obtained by the sale of such land to satisfy the principal and interest moneys secured, and all expenses occasioned by such sale and proceedings, and every such order for foreclosure under the hand of the Registrar when entered in the Register Book, shall have the effect of vesting in the mortgagee or his transferee the land mentioned in such ader, free from all right and equity of redemption on the part of the mortgagor or of any person claiming through or under him subsequently to the mortgage; and such mortgagee or his transferee shall, upon such entry being made, be deemed a transferee of the mortgaged land, and become the proprietor thereof, and be entitled to receive a certificate of title to the same, in his own name, and the Registrar shall cancel the previous certificate of title, and duplicate thereof and register a new certificate. Dischargeof claimsor *5/1%7 121.41) Upon production of a memorandum signed by the mortgagee or annuitant, or his transferees, and attested ing the land from the whole or part of the moneys or annuity secured or discharging any part of the land from the whole of such moneys or annuity, the Registrar shall make an entry in the Register Book, stating the time at which it was made that such mortgage or charge is dis charged wholly or partially, or that part of the land is dis charged as aforesaid, as the case may be; ana upon such entry being made, the land or the portion of the laad des cribed in such memorandum shall cease 10 be subject to or liable for such moneys or annuity, or for h e part thereof mentioned in such entry as discharged, and the Registrar shall make a corresponding entry on the duplicate certificate of title when produced to him for that pJrpose. mortgage other charge b y a witness to the satisfaction of the Registrar, discharg S. 13 (a). [Tb inclusion of this page is authDrizcd by L.N. 4801 19731 REGISTRATION OF TITLE5 69 (2) If a mortgagor produces to the Registrar 25/1%7 (U) that the whole of the moneys secured on the mortgaged land and all arrears of interest thereon have been paid; and (b) that the mortgagor is unable to produce a memo randum of the kind referred to in subsection (1) by reason of the fact that before such memorandum could be signed the mortgagee or his transferees died or left Jamaica or disappeared and could not be found, the Registrar shall make an entry in the Register Book, stating the time at which it was made that such mortgage is discharged; and upon such entry being made the land shall cease to be subject to or liable for such moneys and the Registrar shall make a corresponding entry on the duplicate certificate of title when produced to him for that purpose. S. 13 (b). evidence to the satisfaction of the Registrar 122. Upon proof to the satisfaction of the Registrar of Diachargeof amuity. the death of the annuitant, or of the occurrence of the event or circumstance upon which, in accordance with the provi sions of any charge, the annuity thereby secured shall cease to be payable, and upon proof to the like satisfaction that all arrears of the annuity and ail costs occasioned by non payment thereof have been paid or satisfied, he shall make an entry in the Register Book that such annuity is satisfied and upon such entry being made the land shall cease to be subject to or liable for such annuity; and the Registrar shall make the like entry on the duplicate as is mentioned in section 121. [The inclusion of this page is authorized by L.N. 4RO/ 19731 70 REGlSTRATlON OF TITLES Dischatgo when mortgagee dead, or absent from Jamaica or cannot be found and P* bcnted 2511967 S. 14 (a) 0). Leases by mortgagees. 123. In case a mortgagee or his transferee is dead or absent from Jamaica or cannot be found and no person is known by the mortgagor to be authorized to give a receipt for the mortgage money at or after the date appointed for payment thereof, it shall be lawful for the mortgagor to pay such mortgage money, with all arrears of interest due therc on to the Accountant-General, in trust for the mortgagee or other person entitled thereto, and thereupon the interest upon such mortgage shall cease to run or accrue; and the Registrar shall, upon production of the receipt of the Accountant-General for the amount of the mortgage money and interest, make an entry in the Register Book discharging the land from such mortgage, stating the time at which such entry was made; and such entry shall be a valid discharge from such mortgage, and the Registrar shall make a corresponding entry on the duplicate grant or certificate of title when produced to him for that purpose. The Accountant-General shall from time to time invest all mortgage money and interest which shall be received by him under this section, together with all dividends and interest which shall accrue thereon, in duly authorized Government securities in Jamaica, or otherwise as a Judge shall direct, for the benefit of the persons who shall for the time being be entitled thereto; but nothing herein contained shall render any Accountant-General in any manner liable for not investing the same respectively. The Registrar shall address to the Accountant-General requisitions to pay to such persons the moneys to which they may be entitled here under, and such moneys shall be issued in like manner as moneys are now issued from the Consolidated Fund. 124.-(1) A mortgagee of land under this Act while in pussession thereof, shall, as against all prior hcumbrances, if any, and as against the mortgagor, have by virtue of this REGISTRATION OF TITLES 71 Act, power to make from time to time any of the following leases (a) an agriculturd or occupation lease for any term not exceeding twenty-one years; and (b) a building lease for any term not exceeding ninety-nine years. (2) Every person making a lease under this section, may execute and do all assurances and things necessary or proper in that behalf. (3) Every such lease shall be made to take effect in possession, not later than twelve months after its date. (4) Every such lease shall reserve the best rent that can reasonably be obtained, regard being had to the cir cumstances of the case, but without any fine being taken. (5) Every such lease shall be registered in the manner required by this Act for the registration of instru ments affecting lands under this Act, if w'holly executed in Jamaica within ninety days of its execution, or if wholly or partly executed out of Jamaica, within twelve months of its execution. (6) Every such building lease shall be made in consideration of the lessee, or some person by whose direction the lease is granted, having erected, or agreeing to erect within not more than five years from the date of the lease, buildings new or additional, or having improved or repaired buildings, or agreeing to improve or repair buildings within that time. or having executed or agreeing to execute within that time on the land leased, an improve ment for or in connection with building purposes. (7) In any such building lease a pepper corn rent, or a nominal or other rent, less than the rent ultimately payable may 'be made payable for the first five years, or any less part of the term. me inclusion of this page is authorized by LN. 480119731 72 IiEGIS'I'RA TiON OF TITLES ( 8 ) A contract to make or accept a lease under this seclioli niuy be enforccd within six months of thc making tlici-cuf by or against every person on whom the lease if grunted, would be binding. (9) This section applies only if and as far as a contrary intention is not expressed by the mortgagor and mortgagee in the mortgage, or otherwise in writing, and subject to the provisions therein contained. (10) Nothing in this section shall prevent the mort gage from reserving to or conferring on the mortgagee, any further or other powers of leasing, or having reference to leasing; and any further or other powers so reserved or conferred, shall be exercisable, as far as may be, as if they were conferred by this section, and with all like incidents, effects and consequences, unless a contrary intention is expressed in the mortgage. (11) Nothing in this section shall be construed to enable a mortgagee to make a lease for any longer term, or on any other conditions than such i\s could have been granted or imposed by the mortgagor with the concurrence of all the incumbrancers, if this section had not been passed. (12) The provisions of this section referring to a lease shall be construed to extend and apply, as far as circumstances admit, to any letting, and to an agreement, whether in writing or not, for leasing or letting. Appoint receiverby 125.41) A mortgagee of any land under this Act shall have power, whenever he shall be entitled to sell the mort gaged property, or any part thereof, by writing under his hand, to appoint a receiver of the income of the mortgaged property, or any part thereof. (2) The appointment shall be registered in manner hereinbefore pxovided, before or within thirty days of itq being acted upon. ment of mortgagee. [The inclusion of this page is authorized by L.N. 4301 19731 REGISTRATION OF TITLES 73 (3) The receiver shiill be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage deed otherwise providcs. (4) The receiver shall have power to demand and recover all the income of the property of which he is appointed receiver, by action, distress, or otherwise in the name either of the mortgagor, or of the mortgagee, to the full extent of the estate or interest which the mortgagor could dispose of, and to give effectual receipts accordingly for the same. ( 5 ) A person paying money to the receiver shall not be concerned to enquire whether any case has happened to authorize the receiver to act. (6) The receiver may be removed, and a new receiver may be appointed from time to time by the mort gagee, by writing under his hand and registered as afore said. (7) The receiver shall be entitled to retain, out of any money received by him, for his remuneration and in satisfaction of all costs, charges and expenses incurred by him as receivzr, a commission at such rate, not exceeding five per centum on the gross amount of all money received, as is specified in his appointment, and if no rate is so specified, then at the rate of five per centum on that gross amount, or at such higher rate as the court thinks fit to allow, on application made by him for that purpose. (8) The receiver shall, if so directed in writing by the mortgagee, insure and keep insured against loss or damage by fire out of the money received by him, any build ing, effects or property comprised in the mortgage, whether affixed to the freehold or not, being of an insurable nature. ~ ' [The inclusion of this page is authorized by L.N. 480/1973] 74 (9) The receiver shall apply all money received by him as follows, namely in discharge of all rents, taxes, rates and outgoings whatever affecting the mortgaged property; and in keeping down all annual sums or other pay ments, and the interest on all principal sums having priority to the mortgage in right whereof he is receiver; and in payment of his commission and of the premiums on fire, life, or other insurances, if any, properly payable under the mortgage deed, or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgap; and in payment of the interest accruing due in respect of -any principal money due under the mortgage, and shall pay the residue of tbe money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of the mortgaged property, or who is otherwise entitled to that property. Subdivision for Sale by Lots 126. Any proprietor subdividing any land under the operation of this Act for the purpose of selling the same in allotments shall deposit with the Registrar a map or diagram of such land exhibiting distinctly delineated all roads, streets, passages, thoroughfares, squares or reserves, appropriated or set apart for the use of purchasers and also all allotments into which the said land may be divided, marked with distinct marks or symbols, and showing the areas and declared to be accurate by a statutory declaration of a Commissioned Land Surveyor : Provided always that when any such land is situated withid any portion of a parish to which the provisions of the Local Iniproveiiients Act and any enactment amending the LIlrc inckrsim of this page ir authorized by L.N. 480/19731 Subdibision sellingout of land for in lots. - -1 REGlSTRATlON OF TITLES 15 same shall apply the proprietor shall deposit with the Regis trar copies, certified by the Clerk of the Board under that Act, of the map deposited with the Board and the resolution of the Board sanctioning the subdivision, and no transfer or other instrument effecting a subdivision of any such land otherwise than in accordance with the sanction of the Board shall be registered. Execution of Instruments by Corporations 127. A corporation, for the purpose of transferring or ~ ~ e c p t i o n otherwise dealing with any lands under the operation of &dments this Act, or any lease, mortgage or charge, may, in lieu of grN,.,+ signing the instrument for such purpose required, afEix mns+ thereto its common seal. The seal of the attorney of any corporation whose chief' or head office of business shall be out of the Island whether such attorney shall have been already constituted, or shall hereafter be constituted, by a power of attorney under a seal purporting to be the common seal of the corporation giving the power, shall be deemed to be the common seal of such corporation within the meaning and for the pur poses of this section. Implied Powers a id Covenunts 128. Every covenant and power to be implied in any I ~ P I / ~ instrument by virtue of this Act may be negatived or andI)owen modified by express declaration in the instrument, or T$ibca endorsed thereon, and in the pleadings in any action for tlons, breach of any such covenant it shall be lawful to allege that the party. against whom, or against whose real or personal , representatives, such action is brought did so covenant, precisely in the same manner as if such covenant had been ' expressed in words at length in such instrument, any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect as if wve$ants W inclusion of this page. is authorizcd by L.N. 480/1973] 76 REGISTRATION OF TITLES Circum stances .in which registra tion shall be compul sory. 25/1%7 s. 15. Registration of title by trans missioh. it had been set out at length in such instrument; and where in any instrument there shall be more than one covenantor, such covenants as are by this Act declared to be implied in instruments of the like nature shall be construed to be several as well as joint. Compulsory Registration 129.41) Where the Director of Surveys has completed a cadastral plan of the whole or any part of any parish, the Minister may by order declare that such cadastral plan has been completed. I (2) Every order made under this section shall (a) define the area in respect of which the cadastral plan has been completed; and (b) specify the date on and after which the provisions of subsection (3) shall have effect in relation to a lands in that area. (3) Where any order is made under this section no conveyance made on or after the date specified by such order shall be effective to pass by way of sale, exchange or gift an estate in fee simple absolute in any land within the area defined by such order unless such conveyance is made (a) by an instrument registered in accordance with the (6) on an application to bring such land under the provisions of this Act; or operation of this Act. Registration on Transm'shn 130.-(1) When registered land or any registerad lease, mortgage, or charge of or upon registered land shall have been acquired by transmission the person claiming to have acquired the same shall apply in writing to the Registrar to be registered as the proprietor thereof and shall furnish such evidence of his claim as the Registrar shall deem to be ritk itidusion of this m e is authorized by L.N. 480/ 19731 REGISTRATION OF TITLES 77 pecessary. upoji siicIi cI,iim being ~~IovccI 10 h i s satiJaction the Registrar shall enter ii mcmoraiiduni of lhe cliiinge of proprielorship accordingly upon the certificate of tille for the said land, and also (iinlcss he has dispensed with the production thereof) upon the duplicate of the said certificate. Upon such entry being made the person so entitled by transmission shall become tlie transferee of such land, lease, mortgage or charge, and be deemed to be the proprietor thereof, and shall hold the same for the purposes for which it may be applicable by law and subject to any qualification under which the previous proprietor held the same, but for the purpose of any dealings therewith under the provisions of this Act he shall be deemed to be the albsolute proprietor thereof. (2) The title of every person becoming a transferee under this section shall, upon such entry being made, relate back to and be deemed to have arisen ~ipoii the happening of the event upon which such registered land, lease, mortgage or charge shall have been acquired by transmission as if there had been no interval of time between the happening of such event and such entry. (3) The Registrar may enter a caveat for the pro tection of the interests of any other persons interested in such land, lease, mortgage or charge. 131. If there shall be any doubt, dispute or litigation :E&, under section 130 as to the true construction or legal isany validity or effect of any will or settlement relating to any doubt undc; dtc.. registered land, lease, mortgage or charge, or if the person entitled to any registered land, lease, mortgage or charge under any will, settlement or instrument cannot be ascertained, a Judge may appoint a person to be registered as the representative of such land, lease, mortgage or charge and such person when registered shall become the transferee and be deemed to be-;he proprietor thereof for the purposes me inclusion of this page is authorized by L.N. 480119731 78 REGISTRATION OF TITLES Registration of pro prietorship. Payment of succession duty and estate duty. 601 1954 s. 6 4 (1). of this Act, subject, however, to any directions which shall from time to time be given by a Judge by order duly registered touching the disposition thereof or the dealing therewith. Such registration shall be made by the Registrar entering a memorandum of change of proprietorship as hereinbefore. provided and of such order on the certificate of title and on the duplicate thereof. 132.41) If the personal representatives of a deccasw proprietor of registered land assent to a devise thereof, or if such land has .been appropriated to a legatee or other beneficiary under the provisions of the Real Property Representative Act, such devisee, legatee or beneficiary shall. if the personal representatives have not been registered as proprietors of the land, be entitled to apply to be registered as proprietor thereof. Such an application shall be made in like m m e r and the fees payable in respect thereof shall be the same as on an application fot mgistration by the personal representatives. (2) If the personal representatives have become registered as proprietors of the land no devisee, legatee of other beneficiary shall be registered as proprietor thereof unless and until a transfer thereof under the provisions of section 88 shall have been executed to him and duly registered anything contained in sections 5 and 6 of the said Real Property Representative Act to the contrary notwith standing. 133. The Registrar before entering a memorandum of change of prpprietorship by transmission in respect of land upon the certificate of title shall requh the person applying for the entry to produce to him a m i p t from the proper officer, or other evidence satisfactory to him showing that all estate duty payable in respect of the land has been paid, or a certificate from the proper officer showing that the land CThe inclusion of tbis poge ie authorkd by LN. 4RO/l979 REGISTRATION OF TITLES 79 is not liable for the payment either immediately or at all of any estate duty. Any liability for estate duty not immediately payable shall be noted on the certificate of title. Registration of Transfer on Sale under a Writ or Order and of Vesting Orders 134. NO execution registered prior to or after the com- Reglsterof mencement of this Act shall bind, charge or affect any land salepdera or any lease, mortgage or charge, but the Registrar, on being er, served with a copy of any writ or order of sale issued out cat f. of any court of competent jurisdiction, or of any judgment, decree or order of such court, accompanied by a statement signed by any party interested, or his attorney, solicitor or agent, specifying the land, lease, mortgage or charge, sought to be: affected thereby, shall, after marking upon such copy the t h e of such service, enter the same in the Register Book; and after any land, lease, mortgage or charge, so specified shall have been sold.under any such writ, judgmeqt, decree or order, the Registrar shall, on receiving a certificate of the sale thereof hfiuch one of the Forms A, B, or C in the fi fth Twelfth Schedule hereto as the case requires (which certifi- ForhsA, proprietor), enter such certificate in the Register Book; and on such entry being made the purchaser shall become the transferee, and be deemed the proprietor of such land, lease, mortgage or charge : Provided always that until such service as aforesaid no sale or transfer under any such writ or order shall be valid as against a purchaser for valuable consideration, notwithi standing such writ or order had been actually issued at the time of the purchase, and notwithstanding the purchaser had actual or constructive notice of the issuing uf such writ or order. Upon production to the Registrar of sufficient evidence of the satisfaction of any writ or order a copy whereof shall tran$fer on writ decree t I SCh%"k. cate shall have the same effect as a transfer made by the B arid C. "he inclusion of this page is outhorizcd by L.N. JSO/ 19731 80 REGISTRATION OF TITLES Registration of vesthg Orden. EodoIYatlOu of marriage of female gWO*tor. have been served as aforesaid, he shall make an entry h the Register Book of a memorandum to that effect, and on such entry being made such writ or order shall be deemed to be satisfied. Every such writ or order shall cease to bind, charge or affect any land, lease, mortgage or charge, specified as afm said, unless a certificate of the sale under such writ shall be left for entry upon the register within three months from the day on which such copy was served, or such longer time as the court shall direct. 135. Whenever any person interested in land under the operation of this Act, or any estate or interest therein, shall appear to the Supreme Court or to any Resident Magistrate's Court to be a trustee of such land, estate or interest, within the intent or meaning of any law or statute now or hereafter to be in force relating to trusts and trustees, and any vesting order shall be made in the premises by the said court, the Registrar, on being send with such order, or an office copy thereof, shall enter in the Register Book on the certificate of title and duplicate instrument (if any) the date of the said order, the time of its produc tion to him, and the name and addition of the person in whom the said order shall purport to vest the siid land, estate or interest; and upon such entry being made in the Register Book, such person shall become the transferee, and be deemed to be the proprietor thereof. Unless and until such entry shall be madgthe said order shall have no ef€ect or operation'in t r d e m g or otherwise vesting the said land, estate or interest. Registratiin of Marriige of Female Proprietor and of Transmission by death of Party having an Interest 136. The Registrar, upon prodmtiaa of sutlicient proof of the marriage of a female registered as a proprietor of any REGISZ’RAZ’ION OF 1‘lI’L.H 81 land or of any lease, mortgage or charge shall register the marriage by endorsing the certificate of title with a note of the fact of the marriage. 137. Whenever the fact of any marriage has been so Registration of trans title by endorsed as aforesaid, then upon the death of the wife missionof leaving her husband entitled as tenant by the curtesy of deathof land comprised in the certificate of the title upon which z$E2p the said endorsement has been made, and in any case upon the death of any person registered with any other person as joint proprietor of any land or of any lease or charge or as joint proprietors of any mortgage owned on a joint account in equity, the Registrar, on the spplication of the husband, or person entitled by survivorship as aforesaid, and proof to his satisfaction of such events as aforesaid, may register such applicant as the proprietor thereof, and he shall, upon being registered in the manner herein prescribed for the registration of a like estate or interest, become the transferee of such land, lease, mortgage or charge, and be deemed the proprietor thereof, but as regards any tenancy by the curtesy for the lifetime only of such husband. Bankruptcy 138. When upon the bankruptcy of the proprietor of any R v h t i o n land, lease, mortgage or charge, the estate or interest of such proprietor in such land, lease, mortgage or charge, bsrm. vests in the trustee in bankruptcy, such trustee shall be entitled to be registered in respect of the same; and the Registrar, upon the receipt of an office copy of the provi sional or absolute order in bankruptcy against such proprie tor, accompanied by an application in writing under the hand of the trustee to be registered in respect of any land, lease, mortgage or charge, of such bankrupt therein des cribed, shall enter in the Register Book, upon the folium constituted by the certificate of title of such land, a memo randum notifying such order in bankruptcy; and upon such of. an* ion,b ’ LThe inclusion of this page ir authorized by LN. 4801 19731 a2 REGISTRATION OF TITLES entry being made the trustee shall become the transferee, and be deemed to be the proprietor of such land, lease, mortgage or charge, estate or interest, and shall hold the same subject to the equities upon and subject to which the bankrupt held the same; but for the piirpose of any dealings therewith under the provisions of this Act such trustee shall be deemed to be the absolute proprietor thereof. If the trustee shall omit or neglect to make the application afore said, or to lodge a caveat under the general provision relating to caveats hereinafter contained, within seven days after the Registrar shall have notified to him, by a letter delivered or registered, that application has been made foi the registration of an instrument concerning property (to be in such notice described) standing in the Register Book hi the name of the bankrupt, such instrument may be registered, and thereupon shall not be affected by the order of adjudication either at law or in equity. If a caveat shah be lodged pursuant to such notice the same shall be dealt with, and be subject to the same provisions as other caveats with this variation, tEat the fourteen days’ notice required in general cases need not actually be given to the caveator, but shall be deemed to have been given on the day on which the caveat was lodged. Caveats 139. Any beneficiary or other person claiming any estate or interest in land under the operation of this Act, or in any lease, mortgage or charge, under any unregistered instruments, or by devolution in law or otherwise, may lodge a caveat with the Registrar in the Form in the Thirteenth Schedule, or as near thereto as circumstances will permit, forbidding the registration of any person as transferee or proprietor of, and of any instrument affecting, such estate or interest, either absolutely or until after notice of the intended registration or dealing be given to the Caveat dealings. against Thirteenth Schedule. [The inclusion of this w e is authorized by LN. 480/ 19731 REGISTRATION OF TITLES 83 intended caveator, or unless such instrument be expressed to be subject to the claim of the caveator, as may be required in such caveat. Every such caveat shall state the name and addition of the person by whom or on whose behalf the same is lodged, and except in case of a caveat lodged by order of the Supreme Court, or a Judge thereof, or by the Registrar as in this Act provided, shall be signed by the caveator or his agent. The person lodging such caveat shall, if required s u p port the same by a statutory declaration, stating the nature of the title under which the claim is made, and may withdraw any such caveat. No caveat shall be received (a) unless some address or place within the city of Kingston shall be appointed therein as the place at which notice and proceedings relating to such caveat may be served; (b) unless some definite estate or interest be specified and claimed by the caveator; and if such claim be under any document or writing, unless such caveat is accompanied by a copy of such document or writing, or in cases in which there is a mort gage or lease on the title sought to be affected, unless it is stated whether the claim is against the registered proprietor of the land or of the mortgage or of the lease. A caveator may, however, give an additional address out of the said city at the foot of such caveat, in which case a registered letter shall be sent through the post office to such address on the same day as that on which any notice relating to such caveat is served in Kingston. Every notice relating to such caveat, and any [The inclusion of this page is authorized by L.N. 480/ 197311 84 REGlSTRATlON OF TITLES Effect of lodging caveat with the Regis trar, and proceedings thereon. proceedings in respect thereof if served at the address or place appointed as aforesaid, shall be deemed to be duly served. 140. Upon the receipt of any caveat under this Act, the Registrar shall notify the same to the person against whose application to be registered as proprietor, or as the case may be, to the proprietor against whose title to deal with the estate or interest such caveat has been lodged, and such applicant or proprietor or any person claiming under any transfer or other instrument signed by the proprietor may, if he thinks fit, summon the caveator to attend before the Supreme Court, 01 a Judge in Chambers, to show cause why such caveat should not be removed, a d such Court or Judge may, upon proof that such caveator has been summoned, make such order in the premises, either ex parte or otherwise, and as to costs as to such Court or Judge may seem fit. Except in the case of a caveat lodged by or on behalf of a beneficiary under disability claiming under any will or qettlement, or by the Registrar, every caveat lodged against a proprietor shall be deemed to have lapsed as to the land affected by the transfer or other dealing, upon the expiration of fourteen days after notice given to the caveator that such proprietor has applied for the registration of a transfer or other dealing, unless in the meantime such application has been withdrawn. A caveat shall not be renewed by or on behalf of the same person in respect of the same estate or interest, but if before the expiration of the said period of fourteen days or such further period as is specified in any order made under this section the caveator or his agent appears before a Judge, and gives such undertaking or security, or lodges such sum in court, as such Judge may consider sufficient to indemnify every person against any damage that may be sustained by [The inclusion of this page is authorized by LN. MO/ 19731 REGISTRAI’ION OF TITLES reason of any disposition of the property being delayed, then and in such case such Judge may direct the Registrar to delay registering any dealing with the land, lease, mortgage or charge, for a further period to be specified in such order, or may make such other order as may be just, and such order as to costs as may be just. 141. In every case in which prior to a person becoming Er%;$? a registered proprietor of any land, lease, mortgage or th seques charge under this Act. an order of sequestration of his th4atak estate, or an adjudication in bankruptcy shall have been E:gfijF& or shall hereafter be made, and any instrument affecting registration, the Registrar shall forthwith notify to the trustee of such estate, by a letter delivered or registered (in which shall be mentioned the bankrupt’s name) that application has been made for the registration of such instrument; and unless a caveat forbidding such registra tion shall be lodged within seven days after the service or posting of such letter such instrument may be registered, and thereupon shall not be affected by such order ot sequestration or adjudication in bankruptcy either at law or in equity. If a caveat shall be lodged under this section, the same shall be dealt with and be subject to the same provisians as if it had been a caveat lodged under section 140, with this variation that the fourteen days’ notice therein men tioned need not actually be given to the caveator, but shall be deemed to have been given on the day on which the caveat was lodged. traion of such land, lease, mortgage or charge, is presented for I ’ 142. So bng as any caveat shall remain in force pro hibiting any registration or dealing with the estate or 10 interest in respect to which such caveat may be lodged, the fotcch Registrar shall not enter in the Register Book any change in the proprietorship or any transfer or other insttument [The incluslou of this page is authorized by LN 480/1973] 86 REGISTRATION OF TITLES Effect of lodging caveat without reasonable cause. Application for search certificate. Fourteenth Schedule. Effect of scnrch ccrtificate. presented for registration swbsequent to the date on whicn such caveat was lo9ged purporting to transfer or otherwise deal with or affect the estate or interest in respect of whch such caveat may be lodged, unless such transfer or other instrument or deaiing be expressly exempted from the operation of the caveat or unless the caveator shall consent thereto in writing. 143. Any person lodging any caveat with the Registrar, either against bringing land under this Act or otherwise, without reasonable cause, shall be liable to make to any person who may have sustained damage thereby such com pensation as a Judge on a summons in Chambers shall deem just and order. Search Certificates and Stay Orders 144. Any person desiring information as to whether a proprietor is able to ,deal with the land comprised in his certificate free from obstruction caused by any caveat, instrument lodged for registration, order, injunction, or other cause known to the Registrar, but not appearing upon the certificate, may sign an application for search certificate in the form in the Fourteenth Schedule; and on payment of the fee in that behalf provided, the Registrar shall cause the necessary searches and inquiries to be made for the purpose of affording the information required; and the result thereof shall be certified in the form in the said Schedule contained by affi :ing the seal of the Office with the initials of the officer attaching the same, and the day, hour, and minute at which the seal is aflixed. 145. Such search certificate shall refer to the dealing or encumbrance last noted on the certificate of title for the purpose of showing the state of the register at the time of issuing the search certificate, but not of informing the person applying for the search certificate as to what is upon [The inclusion of this Page is authorized by LN. 450/ 197731 REGISTRAI’ION OF TITLES 87 the certificate of title; and such person shall be entitled to inspect the certificate of title, and shall be deemed to know all of which an inspection of the certificate of title would have informed him. 146. Any person proposing to deal for value with a Application proprietor may, with the consent in writing of such regi&ation proprietor or his agent authorized in writing in that behalf, omfein:sg& and on stating the particulars of the proposed dealing, lodgz zmy!&in with the application for search certificate an application for pro sed stay of registration in the form in the Fifteenth Schedule; Fift$& and if the result of the search shows that the proprietor is scheldde. free to deal, the Registrar shall on payment of the fee in that behalf provided, sign an order in the form in the said Schedule staying registration of any instrument affecting the land to be comprised in the proposed dealing for fortyeight hours from the time mentioned in the search certificate; and the said order shall be a x e d to the certificate and 8 copy thereof given to the applicant. for stay of dea fF ng 147. If within the said period of fortyeight hours a E’iii’Of properly perfected instrument ,decting the proposed dealing be duly lodged for registration, such instrument shall havc priority over any other instrument which may be lodged for registration after the time mentioned in the search tion. certificate, and the same shall be registered notwithstanding any caveat, copy of writ, or application by a trustee in bank ruptcy which may have been lodged in the office after the time mentioned in such search certificate. 148. Subject to the lodging of such duly perfected instru ment within such period, any other instrument, and any caveat, copy writ, or application received in the office during such period, shall be dealt with in the same manner. shall have the same priority as between themselves, and shall be as effectual as if no stay of registration had been obtained. ofr*istra tion. [The inclusion of this page is authorized by LN 480/ 19731 88 Power of attorney. Sixteenth Schedule. Effect of power of attorney. Powers of attorney and Convey ancing Act. Attestation REGISTRATION OF TITLES Powers of Attorney 149. The proprietor (including a married woman) of any land under the operation of this Act, or of any lease, mort gage or cnarge, may appoint any person to act for him in transferring the same, or otherwise dealing therewith, by signing a power of attorney in the Form or to the effect contained in the Sixteenth Schedule. Every such power or a duplicate or attested copy there of, shall be deposited with the Registrar, who shall note the effect thereof in a book to be kept for the purpose 150. A power of attorney given by a person before as well as after becoming a proprietor of any land, or of any lease, mortgage or charge, shall be deemed to be within the meaning of section 149; and every power of attorney heretofore given, or which shall hereafter be given when the same or a duplicate shall have been deposited and noted as aforesaid shall, while continuing in force, -be valid and available within the scope and to the extent of the powers and authorities given or to be given by such power concern ing the lands, tenements and chattels real generally, of the principal for similar or corresponding dealings under this Act with any land under the operation hereof, or with any lease, mortgage or charge. 151. The provisions of sections 48, 49 and 50 of the Conveyancing Act shall apply to powers of attorney deposited with the Registrar under section 149 and the protection afforded by such sections to purchasers and persons making payments or doing acts in pursuance of a power of attorney shall apply to the Registrar and to the Assurance Fund. Attestation of Instruments 152. Instruments and powers of attorney under this Act signed by any person and attested by one witness shall be of instru ments. [The inclusion of this pagc is authorized by LN. 480/1973~ REGISTRATION OF TITLES 89 held to be duly executed; and such, witness may be within this Island+fhe Governor-General, any of the Judges of the Supreme Court, or any Justice of the Peace, or the Registrar under this Act, or a Notary Public, or a Solicitor of the Supreme Court; in Great Britain or Northern Ireland-the Mayor or Deputy Mayor, or the Chief Magistrate or Deputy Chief Magistrate, of any city, borough or town corporate, or a Notary Public; in any other Commonwealth country-the Governor or person exercising the functions of Governor, the Commander-in-Chief, a Judge of any Court, the Mayor or Chief Magistrate of any city or town, or a Notary Public; in any Foreign State or Country-the Jamaican or the British Consular Officer (which expression shall include Consul-General, Consul and Vice-Consul, and any Erson for the time being discharging the duties of Consul-General, Consul, or Vice-conSul), or a Notary Public : Provided that where any such instrument or power of attorney purports to have been witnessed or certified by any Notary Public in any Foreign State or Country, there shall be annexed to such instrument or power of attorney a certificate, under the hand and seal of the appropriate officer of such Foreign State or Country to the effect that the person by whom such instrument or power of attorney has been witnessed or certified is a Notary Public duly commissioned and practising in such Foreign State or Country, or some portion thereof! and that full faith and credit &in be given to his acts. Such witness, whether-within or without this Island, may also be any other person, but m such case he shall appear I I I ['Ihe inclusion of this page is authorized by U. 480119731 90 REGISTRATION OF TITLES before one of the officers or persons aforesaid, who, after making due enquiries of such witness, shall endorse upon the ir,strument or power a certificate in the Form in the seventeenth Seventeenth Schedule and such certificate shall be deemed sufficient proof of the due execution of such instrument or SChCdUlC. power, subject to the proviso hereinbefore contained as to any such instrument or power of attorney witnessed or certified by a Notary Public in any Foreign State or Country. Where an instrument or power of attorney shall be witnessed or certhed out of this Island by any of the officers aforesaid the seal of office of such officer shall be a x e d to his attestation or certificate on such instrument or power of attorney. Procedure Md Practice proccdurt~ 153. In case it shall appear to the satisfaction of the or ,,+ Registrar that any ceftificate of title or instrument has been dtscrip tion in issued in error, or contains any misdescription of land OT gTfi’d;;g of boundaries, or that any entry or endorsement has been bingin made in error on any certificate of title or instrument, or ofwrono that any certificate, instrument, entry or endorsement, has m n . been fraudulently or wrongfully obtained, or that any certificate or instrument is fraudulently or wrongfully retained, he may by writing require the person to whom such document has been so issued, or by whom it has been so obtained or is retained, to deliver up the same for the purpose of being cancelled or corrected, or given to the proper party, as the case may require; and in case such person shall refuse or neglect to comply with such requisi tion, the Registrar may apply to a Judge to issue a sum mons for such person to appear before the Supreme Court or a Judge, and show cause why such Certificate or instru ment should not be delivered up €or the purpose aforesaid, and if such person, when served with such summons, shall refuse or neglect to attend before such Court or a Judge cases of possession (The inclusion of this page is author&xl by LN. 480/ 19731 REGISTRATION OF TITLES 91 thereof, at the time therem appointed, it shall be lawful for a Judge to issue a warrant authorizing and directing the person so summoned to be apprehended and brought before the Supreme Court or a Judge for examhation. 154. Upon the appearance before the Court or a Judge ~ r d a f o r deliivering of any person summoned or brought up by virtue of a up f warrant as aforesaid, it shall be lawful for the Court or z4Ezd Judge to examine such person upon oath and, in case it shall seem proper, to order such person to deliver up such certificate of title or instrument as aforesaid and, upon refusal or neglect by such person to deliver up the same pursuant to such order, to commit such person to prison fx" for a period not exceeding six months unless such certificate or instrument shall be sooner delivered up; and in such case, or in case such person cannot be found SO that a requisition and summons may be served upoa 5im'as hereinbefore directed, the Registrar shall, if the circumstances of the .case require it, issue to the proprietor of the land such certificate of title as is herein provided to be issued in the case of any certificate of title being lost or destroyed, and shall enter in the Register Book notice of the issuing of such certificate, and the circumstances under which the same was issued, and thereupon the certificate of title or instrument as afore said, so refused or neglected to be delivered up as aforesaid, shall be deemed for all purposes to be null and void as far as the same &all be inconsistent with the certificate or instrument so issued in lieu thereof. 155. If the Registrar is satisfied upon production to him ~ranbfar of sufficient evidence- :2i* is dqd, etc., gnd unreere sentd (a) that land under the operation of this Act has been abscqt, (b) that the whole of the purchase money has been 25/1%7 sold by the registered proprietor thereof; and paid; and S. 16. [The inclusion of this page is authorized by L.N. 480/ 19731 92 REGISTRATION OF TITLES (c) that by virtue of such sale the purchaser or any person claiming through him has entered upon the land and taken possession thereof and the vendor or his representative has acquiesced in such entry and taking of possession; and (4 that the land cannot be transferred to the purchaser or any person claiming through him either because the registered proprietor or his representative is dead or absent from Jamaica or cannot be found or because it is, for any other reason, impracticable to obtain the signature of the registered proprietor or his representative within a reasonable time, the Registrar may in his discretion make a vesting instrument in the prescribed form and shall thereafter enter a memo randum thereof in the Register Book and-issue a new certificate of title and the duplicate thereof in the name of the person in whom the instrument vests the land and that person shall become the transferee and the registered proprietor thereof. proceedings 156. Xf, upon the application of any owner or proprietor refuYesan to have land brought under the operation of this Act, or to applications or if appli- have any transaction or transmission registered or recorded, cantdis- or to have any certificate of title, foreclosure, order or other directjom, document, issued, or to have any act or duty done or per- e$'';z formed which by this Act is required to be done or per Refer-. formed by the Registrar, the Registrar shall refuse to accede to such application, or if such owner or proprietor shall be dissatisfied with the direction upon his application, given by the ieferee, it shall be lawful for such owner or proprietor to reqiire the Registrar or Referee, as the case may be, to set forth in writing, under his hand, the grounds of his refusal, or the ground upon which such direction was given; and such owner or proprietor may, if he think fit, at his own costs, summon the Registrar or Referee, as the case may be, if Registrar satisfied with [The inclusion of this Iwge is authorized by LN. 4801 13731 93 to appear before a Judge to substantiate and uphold the grounds of his refusal, or of such direction as aforesaid; such summons to be issued under the hand of a Judge, and to be served upon the Registrar or Referee six clear days at least before the day appointed for hearing the complaint of such owner or proprietor. Upon such hearing the Registrar or Referee or his counsel shall have the right to reply, and the said Judge may, if any question of fact be involved, direct an issue to be tried to decide such fact, and thereafter the said Judge shall make such order in the premises as the circumstances of the case may require, and the Registrar shall obey such order, and all expenses attendant upon any such proceedings shall be borne and paid by the applicant, or other person preferring such complaint, unless the Judge shall certify that there was no probable ground for such refusal or direction as afore said. 157. Nothing in this Act shall entitle any person'to refpse D & ~ . to make a complete discovery, or to answer any question or interrogatory, in any action or proceeding in any court; but such discovery or answer shall not be admissible in evidence against such person in any prosecution for an offence against this Act. 1 5 8 4 1 ) Upon the recovery of any land, estate or cqurtor interest, by any proceeding at law or equity, from the person registered as proprietor thereof, it shall be lawful for the court or a Judge to direct the Registrar (a) to cancel or correct any certificate of title or instrument or any entry or memorandum in the Register Book, !elating to such land, estate or interest; and [Thc WUrion of tbh page is authorized by L.N. 480/19731 94 REGISTRATION OF TITLES (b) to issue, make or substitute such certificate of title, instrument, entry or memorandum or do such other act, as the circumstances of the case may require, and the Registrar shall give effect to that direction. (2) In any proceeding at law or equity in relation to land under the operation of this Act the court or a Judge may, upon such notice, if any, as the circumstances of the case may require, make an order directing the Registrar (a) to cancel the cert&~te of title to the land and to issue a new certificate of title and the duplicate thereof in the name of the person specified for the purpose in the order; or (b) to amend or cancel any instrument, memorandum or entry relating to the land in such manner as appears proper to the court or a Judge. 159. In all actions and suits brought under this Act, the same rules of procedure and practice shall apply, and there shall be the same right of appeal, as shall be in force or exist for the time being in respect of ordinary actions in the court in which such action may be tried : Provided that rules of court may be made for regulating proceedings in the Supreme Court under this Act, and from time to time to rescind, alter or add to such rules and orders. Actwns and other Remedies 160. The Registrar shall not, nor shall the Referee or any person acting under the authority of either of them, be liable to any action, suit or proceeding, for or in respect of any act or matter born fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act. LTlw inclusion of this pue ia authorized by LN. 480/19731 REGISTRATZON OF TITLES 95 161. No action of ejectment or other action, suit 01 Cmihted tit lpabuto proceeding, for the recovery'of any land shall lie or be all iictiom of sustained against the person registered as proprietor thereof 2 under the provisions of this Act, except in any of the follow- 3zr ing cases, that is to say (a) the case of a mortgagee as against a mortgagor =?*=* in default; (6) the case of an annuitant as against a grantor in def ablt; (c) the case of a lessor as against a lessee in default; (d) the case of a person deprived of any land by fraud as against the person registered as proprietor of such land through fraud, or as against a person deriving otherwise than as a transferee bona Me' for value from or through a person so registered through fraud; (e) the case of a person deprived of or claiming any land included in any certificate of title of other land by misdescription of such other land, or of its boundaries, as against the registered proprietor of such other iand not being a transferee thereof bona fide for value; Cf> the case of a registered proprietor with an absolute title claiming under a certificate of title prior in date of registration under the provisions of this Act, in any case in which two or more certificates of title or a certificate of title may be registered under the provisions of this Act in respect of the same land, and in any other case than as aforesaid the production of the certificate of title or lease shall be held in every court to be iln absolute bar arid estoppel to any such action against the person named in such document as the proprietor or [The inclubion of this pagc i s authorized by L.N. &0/1973] 96 lessee of the land therein described any rule of law or equity to the contrary notwithstanding. Actiontor 162. Any person deprivep of land, of of any estate or damages by anypmon interest in land, in consequence of fraud, or through the wrongfully deprivcdof bringing of such land under the operation of this Act, or by the registration of any other person as proprietor of such land. land, estate or interest, or in consequence of any error or misdescription in any certificate of title, or in any entry or memorandum in the Register Book, may bring and prosecute an action for the recovery of damages against the person on whose application such land wcis brought under the operation of this Act, or such erronemus registra tion was made, or who acquired title to the estate or interest through such fraud; errof or Inisdescription : Provided always that, except in the case of fraud or of error occasioned by any omission, misrepresentation or misdescription, in the application of such person to bring such land under the operation of this Act, or to be registered as proprietor of such land, estate or interest, or in any instru ment signed by him, such person shall upon a transfer of such land bona fide for valuable consideration, cease to be liable for the payment of any -age beyond the value of the consideration actually received, which damage but for such transfer might have been recovered from him under the provisions herein contained; and in such last mentioned case, and also in case the person against whom such action for damages is directed to be brought as aforesaid shall be dead, or shall have been adjudged bankrupt, or cannot be found within the jurisdiction of the Supreme Court, then and in any such case, such damages, with costs of action, may be recovered out of the Assurance Fund by action against the Registrar as nominal defendant : > "Ibe inclusion of tbis mgc is authori& by U. 480/19731 REGISTRATION OF TITLES 97 Provided that in estimating such damages, the vdue of all buildings and other improvements erected or made subsequent to the making of a contract of sale b d i n g on the parties thereto, or subsequent to the deprivation shall be excluded. 163. Nothing in this Act contained shall be so kterpreted as to leave subject to an action for the rtcovcry of the land, deprivation of the estate or interest in respect to whicb he or to an a c t i o h recovery of damages as aforesaid, or for is registered as proprietor, any purchaser b n a fide for valuable consideration of land under the operation of this Act, on the ground that the proprietor through or under whom he claims may have been registered as proprktor tbrwgh fraud or error, or may have derived from or throue a person registered as proprietor through fraud or err03 and this whether such fraud or error shall consist in wrong aescription of the boundaries or of the parcels Ot any lan4 or otherwise howsoever. 164. Any person sustaining loss through any omission, mistake or misfeasance, of the Registrar, or m y other officer or clerk, in the execution of their respective duties under the provisions of this Act or by an error, omission or misdescription in any certificate of title, or any entry or memorandum in the Register Book, or by the regktra tion of any other person as proprietor, and who by the provisions of this Act is bamd from bringing an action for the recovery of the land, estate or inden& may, in any case in which tbe remedy by action for fecovery of damages as herein pmvided is inapplicable, bring an action against the Registrar 8s nominal defendant for recovery of damages Provided that in estimating such damages, me value of all I buildings and other improvements erected or made &se= [The inclusion of this w.js authorized by LN. 480/1973j 98 Persons claiming shall before action brought apply to Registrar in writing for compensa tion. 2511967 S. 18. Notice of action against Registrar. Costs if plaintifT fails. Payment of amount of judgment if plaintiff ruccaeds. REGISTRATION OF TITLES quent to the making of a contract of sale binding on the parties thereto, or subsequent to the deprivation, shall be excluded. 165. Any person sustaining loss or damage in any case in which he is entitled to bring an action to recover damages under the provisions of sections 162 and 164 shall before commencing proceedings make application in writing to the Registrar for compensation, and such application shall be supported by &davits or statutory declaration. If the Registrar, with the approval of the Attorney-General, admits the claim or any part thereof and certifies accordingly to the Minister, the Minister may if he thinks fit issue a warrant to the Accountant-General for the amount so certified to be paid out of the Assurance Fund, and the Registrar shall be entitled, as though he were a person deprived of land, to proceed under section 162 against the person liable under the said section for the amount so paid and any amount recovered shall be lodged with the Accountant-General to the credit of the Assurance Fund. 166. In any case in which an action for recovery of damages is permitted to be brought against the Registrar as nominal defendant, notice in writing of such action and of the cause thereof shall be served upon such nominal defendant, one month at least before the commencement of such action, and if in any such action judgment be given in favour of the nominal defendant, or the plaintiff discontinue or become nonsuit, the plaintiff shall be liable to pay the full costs of defending such action, and the same, when taxed, shall be recovered in the name of the nominal defendant by the like process of execution as in other actions. 167. If in any such action the plaint8 recover final judgment against such nominal defendant, then the Judge before whom such action may be tried, or the Supreme L T h inclorion of tbis pas ir aaor&d by L.N. iso//19731 REGlSTRATlON OF TITLES 99 Court, shall certify the fact of such judgment, and the amount of damages and costs recovered; and the amount of such damages and costs shall be paid to the person recover ing the same, and shall be charged to the account ot the Assurance Fund; and in case the balance to the credit of the Assurance Fund shall be inadequate to defray the amount specified, such sum as may be necessary for that purpose shall be advanced out of the Consolidated Fund. and the amount so advanced shall be repaid from the Assurance Fund as the same may thereafter accrue. 168. No action for recovery of damages sustamed through :;$+;: deprivation of land, or of any estate or interest in land, shall for Assurance Fund, or against the person upon whose applica- $ rr$tion .tion such land was brought under the operation of this Act, E =An lie or be sustained against the Registrar or against the or against the person who applied to be registered as proprietor in respect of such land, unless such action shall be commenced within the period of six years from the date of such deprivatioq : T Provided, nevertheless, that any person being under the disability of coverture, infancy or unsoundness of minsl, may bring such action within six years from the date on which such disability shall have ceased; so, however, that such action be brought within thirty years next after the date of such deprivation. The plaintiff in any such action, at whatever time it may be brought, and the plaintiff in any such action for the recovery of land shall be nonsuited in any case in which the deprivation complained of may have been occasioned through the bringing of land under the operation of this Act, if it shall be made to appear to the satisfaction of the Judge before whom such action shall be tried that such,plaintif€, or the persons through or under whom he claims title, had actual notice that application had ilrfusion Of tbir psoc b B u t h e by &N. rSo/l!V3] 100 REGISTRATION OF TITLES been made to bring such larid under the operation of this Act, and had wilfully, or collusively or negligently omitted to lodge a caveat forbidding the same, or had allowed such caveat to lapse. Proceedings 169. Whenever any amount has been paid out of the Assurance Assurance Fund on account of any person who may bc Fundsufh money as dead such amount may be recovered from the estate of such may paid person by action or suit against his personal representatives thereout. in the name of the Registrar; and whenever any such amount has been paid on account of a person who shall have been adjudged bankrupt, the same shall be considered to be a debt due from the estate of such bankrupt, and a certificate signed by the Accountant-General certifying the fact of such payment out of the Assurance Fund, and delivered to the trustee, shall be sufficient prod of such debt; and whenever any amount has been paid out of the Assurance Fund on accdunt of any person who may have absconded or who cannot be found within the jurisdiction of the Supreme Court, and may have left any real or personal estate within Jamaica, it shall be lawful for the said Court or a Judge thereof, upon the application of the Registrar, and upon the production of a certificate signed by the Accountant General certifying that the amount has been paid in satisfaction of a judgment against the Registrar as nominal defendant, to allow the Registrar to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund, together with the costs of the application; and such judgment shall be final, and signed in like manner as a final judgment by confession or default in an action and execution may issue immediately; and if such person shall not have left real or personal estate within Jamaica sufficient to satisfy the amount for which execution may have been issued as aforesaid, it shall be lawful for the Registrar to recover such amount, or the unrecovered to recoup the ITlu: inclusion of this pagc is ou~horized by L.N.m/197fi REGISTRATION OF TITLES 101 balance thereof, by action against such person at any time thereafter, if he shall be found within the jurisdiction of the Supreme Court. 170. The Assurance Fund shall not under any circum- Ngn-liability stances be liable for compensation for any loss, damage Fundin or deprivation occasioned by the breach by a proprietor cettainc=, of any trust, whether express, implied or constructive, nor in any case in which such loss or deprivation has been occasioned by any land being included in the same certifi cate of title with other land through misdescription of boundaries or parcels of any land, unless in the case last aforesaid it shall be proved that the person liable for com pensation and damages is dead, or has absconded, or has 1 been adjudged bankrupt, or the bailiff shall certify that such person is unable to pay the full amount awarded in any actian tor the recovery of such compensation and damage;s :, Provided always that any amount paid out of the Assurance Fund on account of any person who may have absconded may be recovered from such person; by action In the namg of the Registrar at any time thereafter, if such , person shall be found within the jurisdiction of the Supreme Provided also that the said fund shall be liable for swh amounts only as the bailiff shall fail to recover from the person liable as aforesaid. Rules and Forms 171. The Minister may from time to time make rules of Assuranoc court: lR* (a) for regulating practice and procedure under this Act; (6) as to the distribution of business among the Referees; (d in respect of such other matters as he may think necessary or expedient for carrying out the pur poses of this Act; [The idusion & thi8 pue h mth- by LN.W/197311) 102 REGISTRATION OF TITLES (d) prescribing any other matter or anything which may be, or is required by this Act to be, prescribed. Modification Schcdulcs. 172. The forms contained in the several Schedules, and the forms for the time being in force under this Act, may be modified or altered in expression to suit the circumstances of every case; and any variation from such forms respectively in any respect, not being matter of substance, shall not af€ect their validity or regularity. of forms in Fees and Duties 173.-(1) Subject to any order made under subsection (2) the appropriate fees specified in the Eighteenth Schedule to this Act shall be paid to the Registrar. (2) The Minister may by order amend, vary or add to the Eighteenth Schedule. FeeS. Eighteenth Stampduty f74.--(1) On every application to bring land under the applicant operation of this Act or to re-register land with a plan directs wherein or in respect of which the applicant shall direct titletoissue the certificate of title to issue in the name of any other anyother person there shall be chargeable and paid the following (a) where the direction operates or is intended to operate as a transfer upon the sale of the land for valuable consideration one third of the ad vdorem duty payable under the heading “Con veyances” in the Schedule to the Stamp Duty Act; (b) where the direction operates or is intended to operate as a transfer of the land whether volun tarily or gratuitously or for good or valuable con sideration other than a bona fide pecuniary con sideration upon a sale one-third of the ad valorem duty payable under the heading “Settlements” in the Schedule to the Stamp Duty Act : where certificate of in name of person. stamp duty P l c inclusion- of this jmge is authorized by L.N. 480119731 REGISTRATION OF TITLiEs 103 Provided, however, thatdin any case where the applica tion is refused any stamp duty paid under this section shall be refunded. (2) On every such application it shall be the duty of the Registrar to enquire into the nature of the transac tion in order to ascertain the proper dutx (if any) payable in respect thereof, and he may req$i$ evidence to be produced to his satisfaction for this pu+ose; and the Registrar shall not submit any such application to a Referee of Titles unless and until the duty hereby imposed shall have b e n paia and duly impressed on such application. 175. Where on an application to bmg land under the operation of this Act the applicant clahs to be the owner of the fee simple in equity such application shall be liable to the like stamp duty (if any) as under qection 174 and shall :!$$.” be chargeable accordingly. The facts and circumstances from which it can be ascertained what amount .of duty (if any) is payable on such application shall be proved by a statutory declaration to the satisfaction of the Registrar, and the declaration shall be lodged with the application. Any such application liable to stamp duty shall not be submitted to a Referee of Titles until it has been duly stamped. 176. The Registrar is hereby required to see that every R$$:rb n s f e n a transfer of land, or of an estate or interest therein, except ing only as is hereby excepted, is impressed with a stamp 3 : ~ denoting payment of the duty imposed by the Stamp Duty Act. 177. The full value of the consideration which shall be FJllcon directly or indirectly paid or secured, or agreed to be paid ?$ or secured, for any transfer as aforesaid, shall be truly & x p r ~ expressed ar,d set forth in words at length in the instru- thcnn. rnent of transfer required to be registered, and if in any Such case the purchase-money or consideration shall be ration tr nsferto (The inclusion of this pnyc is authorized by L.N.480/1973] 104 XEGISTR A TION OF TITLES untruly or fraudulently stated or set forth, the purchaser or purchasers, seller or sellers, shall each forfeit and pay the sum of one hundred dollars, and shall also be chargeable with and holden liable to the payment of five times the 'amount of the excess duty which would have been payable in respect of the full purchase or consideration money, in case the same had been truly set forth or expressed in the instru ment of transfer as aforesaid, beyond the amount of the duty actually paid for the same. And in the event of no money or consideration being stated for the transfer the same shall be accompanied by a declaration setting out the real and actual value of the premises transferred. Offences Offences 178. If any person wilfully makes any false statement or declaration in any application to bring land under the demeanours. operation of this Act, or in any application to be registered as proprietor, whether in possession, remainder, reversion or otherwise, on a transmission, or in any other application to be registered under this Act as proprietor of any land, lease, mortgage or charge; or suppresses, withholds or conceals, or assists or joins in or is privy to the suppressing, withholding or concealing, from the Registrar or a Referee, any material document, fact or matter of information, or wilfully makes any false statutory declaration required under the authority or made in pursuance of this Act; or if any person in the course of his examination before the Registrar or a Referee, wilfully and corruptly gives false evidence; or if any person fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procure ment of any certificate of title or instrument, or of any entry in the Register Book, or of any erasure or alteration in any entry in the Register Book; or knowingly misleads or deceives any person hereinbefore authorized to require information or explanation in respect to any land, or the me inclusion of this page is authorized by L.N. 480/19731 REGISTRATION OF TITLES 9 title to any land under the operation of this Act, or in respect to which any dealing or transmission is proposed to be registered, such person shall be guilty of a misdemeanour, and shall incur a penalty not exceeding one thousand dollars, or may at the discretion of the Court by which he is convicted, be imprisoned with or without hard labour for a period not exceeding two years; and any certificate of title, entry, erasure or alteration so procured or made by fraud shall be void as against all parties or privies to such fraud. 179. No proceeding or conviction for any act hereby declared to be a misdemeanour shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act, or against his estate. 180. Unless in any .case herein otherwise expressly Pmcmtions add suits. provided, all offences against the provisions of this Act may be prosecuted by the Director of Public Prosecutions, and all penalties or sums of money imposed or declared to be due or owing by or under the provisions of the same may be sued for and recovered, in the name of the Attorney General, in the Supreme Court. P%e inclusion of this page is authorized by L.N. 480119731 106 REGISTRATION OF TITLES FIRST SCHEDULE Application to bring Land under the operation o f the Registration of Titles Act To the Registrar of Titles I (insert name and addition) hereby apply to have the land herein after described brought under the operation of the Registration of Titles Act, and I declare 1. That I am the owner of an estate in fee simple in possession (or of an estate of freehold in possession for my life or othenvise, as the case may require) in all that (here identify the land in accordance with the provisions o f section 30 of the Act). 2. That such land, including all buildings and other improvements thereon, is of the value of dollars and no more. 3. That the deeds. documents or other evidence on which I rely in support of my title to the said land are set forth in the Schedule hereto to the best of my linowledge and belief, and there are no deeds, documents or evidences invalidating my title to the said land. 4. That I am not aware of any mortgage or incumbrance affecting the said land, or that any other person hath any estate or interest therein at law or in equity, in possession, remainder, reversion, contingency or expectancy (if there be any, add, other than as follows, and set the same forth). occupied (if unoccupied prefix “un” to occupied. if occupied add by whom and state the name and addition of the occupant and the nature of his occupancy). 6. That the names and addresses, so far as is known to me, of the occupants of all lands contiguous to the said lands are as follows 7. That the names and addresses, so far as is known to me, of the owners of all lands contiguous to the said lands are as follows ( I f the certificate of title is not to issue to the applicant, add And I direct the certificate of title to be issued in the name of (insert name and addition).) 5. That the said land is Made and subscribed on the day of at in the presence of (The applicant. if within the Island. to sign before the Registrar or a Notary Public or a Justice of the Peace: if abroad, before a Mayor, Provost, Notary Public, Consul, Consular Agent or Justice of the Peace). me inclusion of this page is authorized by L.N. 480/1973] REGISTRATION OF TITLES 107 SECOND SCHEDULE C%ctioa 43) Caveat forbidding l a d to be brought under the Registration of Titles Act To the Registrar of Titles: Take notice that I (insert name and addition) claim '@articdmiu the the estate or interest chimed) in the land described as (copy dexripiion from the advertisement) in the advertisement relating to the application of (state applicunt's nume and uddition) and I forbid the bringing of such land under the operation of the Registration of Titles Act. I appoint as the phce at which noticcs and proceedings relating hereto may be served. Dated the day of 19 . Signed in the resence of (name and ad s ress of witness). THIRD SCKEDULE FORM A JAMAICA-REGISTER BOOK, VOL. FOL. . Certificate of Title under the Registration of Titles Act ( W o n 55) (Insert name and addition) is 'now the Qroprietor (here state whether sole or otherwise) of an estate in fee simple (if not in fee simple, state the nutirre of the estute. und if the property be leusehold say of a lease 19 ,) subject to the incumbrdnces notified hereunder in all tha; (here insert the descriptioti or idetztificution, and if the grant was for ariy public purpose, shortly mention it). Dated the day of 19 . Registrar of Titles. hold estate for years from the day of (seal of orscc.) INCUMBRANCES REFERRED TO FORM B (Scution SS) , JAMAICA-REGISTER BOOK, VOL. , FOL. Certificate of Quulified Title &er the Registration of Titles Act (Inscrt nume a i d uddition), is now the proprietor (ksert identification or description of htnd) subject to any estate, right, interest arising (here insert the specified dute or iriwument. etc.) and subject to the iiicuinbraiices notified hereunder in all that (here insert description or idrntificution of the luizd). Dated the dav of . 19 . Registrur of Titles. (seal of Office.) INCUMBRANCES REFERRED TO [ n o inclusion of this page is authorized by L.N. 480/1973J 108 (Section 88) REGISTRATION OF TlTLES FOURTH SCHEDULE FORM A JAMAICA Transfer o f Land I (insert name and addition), being registered 88 the proprietor of an estate in fee simple (if not m fee simple, state the nature of the estate; and if the property be leasehold say “of a leasehold estate for years from the day of s 19 ’X by Certificate of Title d a ~ 4 the day of 19 incumbered in the land hereinafter described. (ff the iransfcr be by mortgagee or annuitant under his power o f sale .nay being the proprietor of a mortgage or charge as the same may be from C.D. Registered the day of and numbered upon the land hereafter described) subject to the incumbrances notified hereunder, in consideration of the sum of to me by E.F. (insert addition) d o hereby transfer to the said E.F. all my estate and interest in (if the transfer be by a mortgagee or annui tant under his power o f sale, say “all the estate and interest of the said C.D. on the said day of 19 , orwhich he was then entitled or able to transfer or dispose of in**) all that (if the trunsjerred land be put only o f the land comprised in the exist ing certificute set forth the description or identifiution of such part). Dated the Sigoed by the said ic the presence of Sped by the said E.F.. in the presence of Paid D 19 r Of INCUMBRANCES REFERRED TO (Section 88) FORM B JAMAICA Transfer of a Lease, Mortgage or Charge I (insert nume and addition). being registered as the proprietor of a of (or upon) the land hereinafter described, subject to the incumbrances notified hereunder, in consideration of the sum of paid to me by C.D. (insert addition) do hereby transfer to the said C.D. all my estate and interest as such registered proprietor in ALL THAT (or otherwise. according to the description of the lease lease (or mortgage or charge as the cuse m y be) numbered Vhe inclusion of this page is authorized by L.N. 480/19731 REGISTRATION OF 7'lfCE.Y nrortbwge or cJtcirge, or descrik the lwul in gemrul ternis by re/erence 10 the regisiered instrwnetrl). Dated the day of 19 Sigrled by the said in the presence of Signed by the said C.D., in the presence of 1 1 0 INCUMBRANCES REFERRED TO FORM C JAMAICA Transfer of Lutat## Martgage or Charge by Endorsement I. the within named (insert name), in consideration of the sum of paid to me by G.H (insert addition), hereby transfer to the said G.H. the within-mentioned land (or lease or mortgage or charge as the cuse may be). subject. however, to the incumbrances notified or endorsed on the withii certificate (or in the Re'gistcr Book). Dated the day of * 19 Signed by the said 'I in the presence of presence of Signed by the said G.H. in the (Suction 861. FIFTH SCHEDULE FORM A Creation of Right of Carriuge-way in a Transfer of Freehold Land Together with full and free right and liberty to and for the transferee hereunder, and to and for the registered proprietor or proprietors for the time being of the land hemby transferred or any part thewf, and his, her and their tenants, servants, agents. workmen and visitors, to go, pass and repass at all times hereafter and for alJ purposes. and either with or without horses or other animals. carls or other cah8es. into and out of and from the said land, or any rt thereof. through. and coloured 00 this said map. over and along. the road or way, or several ro 88" s or ways. delineated (section 93) FORM B ( m n 931 Creation of Right of Carriage-way in a Lease of F r e e W Land Together with full and free right and liberty to and for the said lessee and his transfems. proprietors for the time being of the land hereby leased or any part thereof, and his, her or their tenants, [The inclusion of this page is authorized by L.N. 480/1973] 110 REGISTRATION OF TITLES srvants, worknien and visitors, to go, pass and repass. at all times hereafter during the continuance of this lease. and for all purpo~%. aiid cither with or without horses or other animals, carts or other carriages, into and out of and from the said land, or any part hereof, through. over and along, the road or way or seveml roads or ways dcliiieated and coloured on Lhe said map. (Section 94) SIXTH SCHEDULE JAMAICA Lease under the Registration of Titles Act A.B. (insert addition). hereinafter called the lessor, and who is registered as the proprietor of an estate (here stale nufure of the estute) in the land hereinafter described, subject tw the incumbrances notified hereunder, hereby leases to C.D. (insert addition) hereinafter called the lessee, all that (here dexribe or identify the Iwtd) to be held lessee for the term of payable (here insert terms of payment). subject to the covenants and powers implied under the Registration of Titles Act, unless hereby negatived or modified; and also to the covenants and conditions herein after contained (here set forth any speciul ones). The following covenants by the lessee are to be construed according to section 97 of the Registration of Titles Act !xy% years from the , at the clear yearly rent G: , 19 The lessee will not transfer or sublet. The lessee will fence. The lessee will cultivate. The lessee will not cut timber. Tbe lessee will insure against fire in the name of the lessor. The lessee will paint outside every third year. The lessee will paint and paper inside every fourth year. The lessee will not use the premises as a shop. The lessee will not cany on any offensive trade. The lessee will carry on the business as a publican, and conduct the same in an orderly manner. The lessee will apply for renewal of licence. The lessee will facilitate the transfer of licence. Dated the day of 19 1 } Signed by the said lessor Signed by the said lessee in the presence of in the presence of INCUMBRANCES REFERRED TO [The inclusion of this page is authorized by L.N. 480/19731 REGISTRA TION OF TITLES SEVENTH SCHEDULE 111 (Section 97) COLUMN ONE 1. The lessee will not transfer or sublet. 2. The lessee will fence. 3. The lessee will cultivate. 4. The lessee will not cut timber. 5. The lessee will i n s u r e against fire in the name of the lessor to the amount of I . COLUMN TWO 1. The lessee, his executors, administrators or transferees, will not du.ring the said term transfer. assign or sublet the premises hereby leased, or any part thereof, or otherwise by any act or deed pro cure the said premises, or any part thereof, to be transferred or sublet, without the consent in writing of lessor or his transferees first had and obtained. 2. The lessee, his executors, administrators or transferees, will during the continuance of the said term. erect and put up on the boundaries of the said land, or on those boundaries upon which no sub stantial fence now exists a good and substantial fence, and will, during the continuance of the said term, maintain in good order and condition all such fences, and all other fences whatsoever on the said land. 3. The lessee, his executors, administrators or transferees, will at all times during the said term cultivate, use and manage, in a proper and husband like manner, all such parts of the land as are now or shall hereafter with the consent in writing of the said lessor be in cultivation, and will not impoverish or waste the same. 4. The lessee, his executors, administrators or transferees, will not cut down, fell, injure or destroy any growing or living timber, or timber-like trees $tanding and being upon the said land, without the consent in writing of the said lessor or his transferees. 5. The lessee, his executors, administrators or transferees, will insure and during the said term keep insured, against loss or damage by fire, in the name of the lessor or his transferees. in some public insurance office approved of by him or them, to the amount of s , all buildings, fixtures and machinery, which shall for the time being be erected on the said land, and which shall be of a nature or kind capable of being insured against damage by fire, and will, when mquired, deposit with the lessor or his transferees the policy of such insurance, and within seven days after each premium shall become payable the receipt of such premium, and on any breach or non-observance of this covenant the lessor or his transferees may, without prejudice to and concurrently with the powers granted to him and them by this lease, and by the Registration of me inclusion of this pllp is authorized by LN. 480/1!373] I12 REGISTRATION OF TITLES 6. The lessee will paint out side every year. 7. The lessee will paint and p a p e r inside every year. 8. Thelessee will not use the premises as a shop. 9. Thel&see will not carry on a n y offensive trade. Titles Act, insure such buildings, and the costs of effecting such insurance shall during the said term be a charge upon the said land. All moneys which shall be received under or by virtue of any such insuranc:: shall be laid out and expended in making good the loss or damage. 6. The lessee, his executors, administrators or transferees will, in every year during the continu ance of the said term, paint all the outside wood work and ironwork belonging to the leased property, with two coats of proper oil colours, in a workman like manner. 7. The lessee, his executors, administrators or transferees will, in every year during the continu ance of the said term, paint the inside wood, iron and other work now or usually painted, with two coats of proper oil colours in a workmanlike manner and also re-paper with paper of the same quality as at present such parts of the premises as are now papered and also whiten or colour such parts of the said premises as are now whitened or coloured respectively. 8. The lessee, his executors, administrators or transferees. will not convert, use or occupy the said premises, or any part thereof, into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or permit or suffer the said premises or any part thereof. to be used for any such purpose, otherwise than as a private dwelling house without the consent in writing of the said lessor or his transferees. 9. The lessee. his executors, administrators or transferees, will not at any time during the said term use. exercise or carry on, or permit or suffer to be used. exercised or camed on, in or upon the said premises, or any part thereof, any noxious, noisome or offensive art, trade, business, occupation or calling, and no act, matter or thing whatsoever Shall at any time during the said term be done in or upon the said premises, or any part thereof, which shall or may be or grow to the annoyance. nuisance. grievance, damage or disturbance of the occupiers, or of the adjoining lands and properties. - me inclusion of this page is authorized by L.N. 480/19731 REGlSTRATlON OF TITLES 113 10. The lessee will carry on the business of a publican a n d c o n d u c t the same in an or derly manner. 11. The lessee will apply for re newal of licence. 12. The lessee w i l l facilitate the transfer of licence. 10. The lessee, his executors, administrators, or transferees, will at all times during the continuance of the said term use, exercise and carry on, in and upon the premises, the trade and business of a licensed victualler or publican, and seller of fer mented and spirituous liquors, and keep open and use the house, inn and buildings, standing and being upon the land as and for an inn or public-house for the reception, accommodation and entertainment of travellers, guests and other persons resorting thereto or frequenting the same, and manage or conduct such trade or business in a quiet and orderly man ner, and will not do or commit, or suffer to be done or committed, any act or matter or thing whatso ever, whereby or by means whereof any licence shall be allowed to expire, or to become void, or shall or may be liable to be forfeited, suspended, taken away or refused. 11. The lessee, his executors, administrators or transferees, will from time to time during the con tinuance of the said term, at the proper times for that purpose, apply for and endeavour to obtain such licence or licences as is or are or may be neces sary for carrying on the said trade or business of a licensed victualler or publican, in and upon the said premises, and keeping the said house or inn open as and for an inn or public-house as aforesaid. 12. The lessee, his executors, administrators or transferees, will at the expiration or other sooner determination of the said term, sign and give such notice or notices, and allow such notice or notices. of a transfer or renewal of any licence as may be required by law to be affixed to the said house or inn to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally will do and perform all such acts, matters and things as shall be necessary to enable the said lessor or his transfenes. or any person authorized by him or them. to obtain the transfer of any licence then existing and in force, or the renewal of any licence or any new licence. me inclusion of this page is authorized by LN. 480/1973] 114 REGISTRATION OF TITLES (Section 103) EIGHTH SCHEDULE JAMAICA Mortgage under the Registration of Titles Act I, A.B. (insert addition), being registered as the proprietor of an estate (here state narure of rhe estate) in the land hereinafter described. subject to the incumbrances notified hereunder in consideration of the sum of , this day lent to me by C.D. (insert addition) hereinafter called the mortgagee, do hereby covenant with the said mortgagee Firstly, to pay to the. said mortgagee or his transferee the said principal sum of day of , 19 . Secondly, to pay to the said mortgagee or his transferee, so long as the said principal sum or any part thereof shall remain unpaid, interest on the said sum, or on so much thereof as shall for the time being remain unpaid, at the rate of per centurn per m u m , by equal payments on the day of . 19 . and on the day of in every year. Thirdly, that I will insure against fire in the name of the mortgagee. Fourthly (here set forth any special covenant). And for better securing the payment in manner aforesaid of the said principal sum and interest, I hereby mortgage to the said mortgagee all my estate and interest, and all the estate and interest which I am entitled to transfer or dispose of, in all that (insert if applicable part of or otherwise according to the certificate) of (if the land mortgaged be part only of the land comprised in the existing certificate, set forth in links or feet the boundaries, and refer to a map). Dated the day of , 19 . Signed by the said A.B. in the 1 Signed by the said C.D. in the dollars, on the I presence of presence of INCUMBRANCES REFERRED TO (Section 103) NINTH SCHEDULE JAMAICA Charge under the Registration of Titles Act I. A.B. (insert addition). being registered as the proprietor of an estate (here state nature of estate), in all that (here describe or identify the land), subject to the incumbrances notified hereunder, and desiring to render the said land available for the purpose of securing to, and for the benefit of CJ). (insert addition) the annuity hereinafter mentioned tThe inclusion of this pls is authorized by LN. 480/19731 REGISTRATION OF TIT= 115 do hereby charge the said land for the benefit of the said C.D, with an annuity of 4 to be paid at the times and in manner following; that is to say (here state the tzme appinted for the payment of the unnuity, and the events on which it shall cease to be payable; also uny special covenants or powers and any modi&ation of the powers or remedies given to un muitant by the Act). And subject as aforesaid the said C.D. shall be entitled to all powers and remedies given to an annuitant by the Registration of Titles Act. Dated the day of . 19 Signed by the said A.B., in the 1 Signed by the said C.D., in the presence of i presence of TENTH SCHEDULE ( W o n 1W JAMAICA I, A.B. (insert addition), being the holder of: shares of S each in (insert name of society), and being registered as proprietor of an estate (here state nuture of estate). subject to such incumbrances, liens and interest, as are notified by memorandum (if any) endorsed hereon. in all that (insert description of lund uccording to the certificate, or if the land mortgaged be part only of the lund comprised in the existing certificate. stute the fact. describe or identify the l d ) in consideration (here set forth the considemtion). do hereby covenant with the said society that I will pay to the said society, or the person appointed to receive the same, all repayments, SubscriptiQns, fines, interest and other payments (and the costs and expenses attending the recovery of the same) which shall become due according to the rules of the said society in respect of the said share (or shares) and also that I will observe all the rules and regulations of the said society, until with the consent of the said society I shall pay off such balance as according to the rules and regulations of the said society may be owing to the said society in respect of the said share (or shares), all arrears of subscriptions, repayments. fines and other pay ments hereby covenanted, and that I will insure against fire in the name of the mortgagee to the amount of S (here set out uny speciul covenants); and for the better securing to the said society the payment of such subscriptions. repayments, fines, interest and other payments as aforesaid. I hereby mortgage to the said society all my estate and interest in the said lands bcfore described; and I empower the said society to sell the estatc and interest hereby pledged to them as security whenever 1 shall make default for the space of three calendar months in payment of the said subscriptions. repay llhe inclusion of this page is authoriLed by L.N. 4SO/J973] 116 REGISTKATION OF TITLES ments, fines, interests or other pajlnents to become due in respect of the said share (or shares) according to the rules and regulations of the said society, without serving me with any written demand for payment of such moneys pursuant to the provisions contained in the Registra tion of Titles Act, or complying with the other requirements and provisjons of the said Act in reference to the power of sale conferred on mortgagees claiming under any mortgage. And I do hereby further covenant with the said society, that they may from time to time under the power of distress conferred on a mortgagee by the Registration of Titles Act, recover and reimburse themselves aC such payments, sub scriptions, lines and other moneys as aforesaid, and all costs, damaees and expenses incurred in the enforcement hereof, Signed by the said C.D. in the Dated the day of 19 I presence of (Section 11 3) That I will in sure against fire in the name of the mortgagee to the amount of s ELEVENTH SCHEDULE That I, my heirs, executors, administrators of transferees, will insure, and so long as any money shall remain secured by this mortgage keep insured, against loss or damage by fire. in the name of the mortgagee or his transferees, in some public insurance office to be approved of by him or them, all buildings, fixtures and machinery which shall for the time being be erected on the said land. and which shall be of a nature of kind capable of being so insured, to the amount of S , and will when required deposit with the mortgagee or his transferees the policy of such insurance, and withixl seven days after each premium shall become payable the receipt of such premium, and that the moneys which shall be received on account of such insur ance. shall, at his or their option, be applied either in or towards satisfaction of the moneys secured by the mortgage, or rebuilding, or reinstating under the superintendence of his or their surveyor, the build ings destroyed or damaged. And that on any breach or non-observance of this covenant he or they shall be at liberty to effect such insurance and continue the Same for such period as may be deemed fit, and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdui. [The inclusion of this page is ruthorind by L.N. 480/lW3] REGIS'SHA'I'ION OF TITLES TWELITH SCHEDULE JAMAICA FORM A Form 01 Certificute ol Lurid sold uni.-er a Writ or Order of Sale , in pursuance of writ of sale tested the day of , 19 , and issued out of the Supreme Court in illl achn whercin is the plaintiff, and the defendant, which said is registered as the proprietor of an estate (here slate mture of the estute) in land hereinafter described, subject to the incwnbrdnces notified hereunder, and to effwtuate the sale made under such writ, do hercby. in consideration of the sum of paid to me by E.F. (insert ddirion) transfer to the said E.F. all the estate and interest of the said in all that ( I f the land transferred be part only of the land coniprised in the grant, or existing certifkate. set forth in links or feet the bodur ie s , utld refer to U map). I. Dated the day of e 19 Signed by the ;qid 1 in the presence of J } Signed by the said INCUMBRANCES REFERRED TO in the presence of 117 (Section 134) FORM B (*tion 134) Form of Certifiute of Lease. Mortpge or Charge, d e r Writ of Fieri Facia in pursuance of a writ of f in fuc ia tested the day of , 19 , andissuedout of the Supreme Court in an action wherein is the plaintiff, and the dcfcndant,. which said is registered as the proprietor of a kase (or mortgage or charge, as the case may k), &d of (or upon) the land hereinafter described. subject to the incum brances notified hereunder, and to effectuate the sale made under such writ. do hereby. in consideratioii d the sum of paid to me by E.F. (insert idition), transfer to the said E.F. all the estate and interest of the said assuch Cl3a indudon of Ibia mac ia urthorhd.bY .LN. 4I10/19731 I. 118 REGISTR A TtON OF T t TLES registered proprietor in all that (or otherwise, according to the description in the lease, mortgage or charge, or describe the land in general terms by reference to the registered instrument). Signed by the said Signed by the said E.F. in the 1 Dated the day of e 19 z } in the presence of presence of I INCUMBRANCES REFERRED TO (Section 134) FORM C Form of Certificate of Sale of Registered Land under Decree or Order of a Court of Competent Jurisdiction This is to certify that A.B. of etc., has been declared the purchaser on the of the right, title and interest of C.D. in the land mentioned ani described in Certificate of Title registered in Volume Folio of the Register Book and that the land aforesaid was sold pursuant to an order of the (name of Court). day of Dated the day of , 19 . Given under my hand and the seal of the Court this day of , 19 . Registrar of the Supreme Court or Clerk of the Resident Magistrate's Court for the parish of (Section 139) THIRTEENTH SCHEDULE Caveat forbidding Registration of any change in Proprietorship or any dealing with Estate or tnterest To the Registrar of Titles: Take notice that I (insert name and addition) claim (particularize the estate or interest claimed) in the land described in Certificate of Title registered in Volume , Folio , and I forbid the registration of any person as transferor or proprietor of and of any instrument affecting such estate or interest (or until after notice of the intended registration or dealing be given to me or unless such instrument be expressed to be subject to my said claim). I appoint as the place at which notices and proceedings relating hereto may be served. Signed in the presence of Dated this day of , 19 . P'he inclusion of this page is authorized by L.N. 480/1973] REGISTRATION OF TITLES 119 FOURTEENTH SCHEDULE (Section 144) JAMAICA Application for Sea& Certificate I hereby request to be informed whether there is any, and. if any, what obstacle to a dealing by A B . the proprietor of and descr3ed in Certificate of Title in Volume Folio of the Register Book with the land comprised in Certificate aforesaid. Search Certifkate No. The last registered dealing or encumbrance affecting the title of the proprietor to the land comprised in the above Certificate of Title is noted upon the Certificate as follows-(Refer to the last entry upon the Certificate in such a way as distinctly to identify. or, if the title be clear, state that there is no dealing or incumbrance mentioned lipon the Certificate). At the time of issuing this Certificate there is nothing to prevent the registration of a dealing by the registered proprietor except-(If the title be clear and there is nothing to prevent dealing, strike out the word “except”). (If there be any caveat, dealing lodged for registration, application by ofiial assignee, notice of fi. fa. or other obstacle to dealing not rioted on the Certificate of Title, refer to such obstacle in such a way as to give the applicant notice of it and to enable him to ascertain particulars by inspection). The information above given refers only to the present state of the register and the present right to register a dealing with the interest of the proprietor appearing on the register. The seal of the Oflice of Titles was affixed to this search certificate at the hour of o’clock on the day of . 19 FIFIZENTH SCHEDULE (Seation 146) JAMAICA Application for stay of registration as to title of A.B.. to land comprised in Certificate of Title registered in Volume Folio of the Register Book, as to which search certificate No. has been applied for , now dealing bona fide for value with the above-named A.B., as to land comprised in the above certificate, in order to protect such dealing, hereby apply for a stay of registration of any instrument affecting the land proposed to be dealt with for fortyeight hours from the time named in the search certificate. The particulars of the proposed dealing are as follows I , C.D., of me inclusion of this page is authorized by L.N. 480/1973] 120 REGtSTRATtON OF T l T m Tbe tranmction is-(State whether &, mortpge, exchange, leaseI or other dwling for vdue?. The consideration -State the price to be pdd or amount to be lent. rent to be ppid, or other Canridrroionl. The land to be comprised in the dealing is all the land comprised in the above ctltificatc-(Zf not all, strike out the words followittg “is” and dexribe the land in such a manner as distinctly to identify it.) Sigaature of the applicant or bis solicitor. I coaaant to the above application for stay of registration, and certify that the propooed dealings is as above stated. Signature of proprietor or of his authorized agent. Ordu for Stay of Registration I hepcby dinct that for fortycight hours from o’clock on the day of , 19 , nothing is to be entered on the register as to the land above described. except an instrument giving effect to the above dealing, which if lodged for mgistratbn within that time is to have priority over all other instru ments which may be lodH for registration during such forty-eight hours Registrar of Titles. (Section 199) SIXTEENTH SCHEDULE Form of Power of Attorney I. A B . . do hereby appoint my attorney, to sell to any person all or any lands. leases. mortgages or charges, whether now belonging to me or which shall hereafter belong to me under or by virtue of the Registration of Titles Act, or of which I am now or shall hereafter be the proprietor or owner under the said Act. Also to mortgage all or any such lands or leases for any sum at any rate of interest. Also to charge the same with any annuity ot any amount. Also to lease all or any such lands as shall be of freehold tenure for any term of years not exceeding twenty-one years in possession at an rent. Also to surrender. or obtain or accept the to exert% and execute all powers which now are or shall hereafter bc vested in or conferred on me as a lessor, mortgagee or annuitant under the said Act (or otherwise according to the nature and extent of the powers intended to be conferred). And for me and in my name to surrender, of any r case in which I am or may be interested. Alsa e Vk iaclusiodl of this page is authorized by L.N. 480119711 REGISTRATION OF TITLES 121 sign all such transfers and other instruments, and do all such acts. matters and things as may be necessary or expedient for carrying out the powers hereby given, arid for recovering all sums of money that are now or may become due or owing to me in respect of the premises, and for enforcing or varying any contracts, covenants or conditions binding upon any lessee. tenant or occupier of the said lands, or upon any other person in respect of the same, and for recovering and maintaining possession of the said lands, and for protecting the same from waste, damage or trespass. Signed by the said A.B., in the 1 Dated this day of , 19 . presence of I SEVENTEENTH SCHEDULE (Ssction 152) Appeared before me, at the day d , 19 , C.D., the attwting witnes~ to thts instrument, and declared that he personally knew A.B., the person signing the same, and whose signature the said C.D. attested, and that the name purporting to be the signature of the said A.B., is his own handwriting, and that he was of sound mind and freely and voluntarily signed such instrument. EIGHTEENTH SCHEDULE Fees payable under this Act exclusively of advertisement Fee No. 1 On making application to bring land under the operation of the Act When the appllicant is the original grantee under any patent or under deed of convey ance from the Coxnmissicmers for the sale of incumbered estates, or under any Act declaring the title acquired by such grantee to be indefeasible, or under any order of the Supreme Court or Resident Magis trate's Court, and no tmmwtion affecting the land has taken place since the date of suah patent. deed or oonvqam or order $ 100.00 When the Title is of any other description and the value of the land does not exceed $lO,OOo ... 1.. ... 5 100.00 hcbdon of this page is authorized by L.N. 95/ 19971 LN. 4682 I 1995. I22 REGISTR A TION OF TITLES The like when the value exceeds $1O,OOO The like when the value exceeds $20DOO0 The like when the value exceeds $4O.O00 The like when the value exceeds $60.000 The like when the value exceeds $80.000 The like when the value exceeds Sl00.OOO For every $2,000 or part of $2.000. in and does not exceed $20,000 ... $ 200.00 and does not exceed $4O.O00 ... $ 400.00 and does not exceed $60,000 ... $ 600.00 and does not ex& $80.000 ... $ 800.00 and does not exceed $l0ODOOO ... $l,OOO.00 and does not exceed $120.000 ... $1~00.00 ex- of $120.000 ... ... s 20.00 Fee No. 2 On making application for re-registration by When the value of the land does not When the .value exceeds $20,000 but When the value exceeds $40.000 but not For every $5.000 or part of $SDOOO after P b exceed $20,000 ... ... s 12o.00 not $4O,OOO ,.. ... ... $ 240.00 $100.000 ... ... ... s 600.00 the first $lOO.O00 ... ... S 30.00 Fee No. 3 On making applioation for the entry . . d a 'etor on tramnwm in person as pr respect of lan T or a lease, mortgage or When the value does not exceed $l.OOO $ 20.00 When the value exceeds $l,OOO and does not exceed $2.000 ... ... s 40.00 For every $2,00 or pmt d $2,000, aftet the fimt $2.000 ... ... $ 10.00 Provided always that the fee in no case shall exceed ... ... ... $1.000.00 Fee No. 4 Contribution to Assurance Fund (U) Upon first bringing Iand under this Act; for every Sl.OO0 3.1 value of the land $ 5.00 REGISTRATION OF TITLES ' ion uf any land by plan: ior every S1,OOO in value of the land S 2.50 FOC NO. 5 (1) For every certificate d tide When the value of the land does not When the value of the I d exceeds $lO,OOO and does not exceed $5O,OOO $ 150.00 When the value at the land exceed8 $50,000 and does not exceed $lOO.OOO S 250.00 For every 510,OOO. or part of $lO.OOO in excess of the first S100,OOO in the value of the land ... ... S 30.00 Provided that the maximum fee shall be (U) %500.00 in the case of a new certificate issued on a transfer of a portion of registered land or on re-registration: (b) $300.00 in the case of a new certificate in place d a lost Certificate of Title: and (c) $100.00 in the case of a new certificate in place of a Certificate of Title sur rendered under, the ptovisions of d o n 79 of this Act. (2) When land is identiiied by plan to be attached to, or form part of the Certi a t e of Title there shall be paid for prepring the plan to be referred to in the certificate an additional fee equal to that presnibed for a Certificate of Title for land of corresponding value, restricted hawever to $509.00 or such larger sum as the Regktrar shall con sider to be reasonable for the amount of work involved. exceed $lO,OOO ... ... $ 120.00 Fee No. 6 On lodging for regktmtion of (U) a lease or a transfer thereof; or (b) a transfer not for value; or (c) a transfer in cansideration of mar riage; or (4 a transfer by way of partition; or (e) a transfer of a mortgage or charge for value or otherwise ... $ 300.00 [The inclusion of this page is authorized by L.N. 95/ 19971 124 REGISTRATION OF TITLES Fee No. 7 On lodging a caveat against bringing land under the operation of the Resissgtion of Titlea Act ... ... ... Fee No. 8 On the lodging for regisltrrttios d a trades on d e or exchange of land. or a moptgage ar charge, or on the lodging of a caveat When the value of the land or interest or amount of mortggge or charge does not exceed $2,000 ... On every Sl.OO0 or d $l.OOO in excess of $2,000 ... ... For the ptrpolre of this item the value of the land or interest &ected shall be the value d the amsideratkm &&y or i n d W y paid or secured or agreed to be paid or aeuued as set out in the instrument to be registered. and in the caae d a caveat the value of the &ate or interest speci fied and claimed therein either as set out in the document under which the e&ate or intemst is claimed and a copy w h d $OCOIIYPIUPieS the caveat or in a statutory declataton by the caveator which shall accompemy such caveat. m t d d h g a lmd ... A Wements The following abatmenta of fea ipecif?ed (1) Where a morteagc or charge by an A 'cant for firat registration of title registmtim or if lodged subquent to the date of first registration but before the issue of the Certillcate of Title there shall be paid on the mortgage or charge a fee ... ... (2) Where a mortgage or chat.ge by tho transferee Mder a transfet for value is lodged with the transfer. the feo on the mortgage or charge (whsther paid on the amount at the time of fimt r@straticm or on further advances thereunder subsequent to refaration) shall be d d to one- alf and further mortgages or charges by the in Fee No. 8 &all be made is T odged with the agplicatim for s 100.00 s 10.00 s 5.00 S 50.00 REGISTRATION OF TITLES same mortgagor to the same mortgagee on the security of the same property shall fall under this abatement. Where a mortgage or charge is secured on un registered land or other propem as well as on registered land the fee shall be assessed on the sum which bears the same proportion to the whole sum secured as the value of the registered land bears to the value of the whole security. The fee on a mortgage or charge by way of additional or substituted security and for no additional consideration shall be . . . . . . . . . $ OO.OO Where, on the registration of the discharge of a mortgage or charge or the withdrawal of a caveat, a new mortgage or charge affecting the same land or any part thereof is lodged in favour of the proprietor of the former mortgage or charge, or the caveator, the fee payable on the new mortgage or charge, in so far as the amount secured does not exceed the maximum amount at any time secured by the former mortgage or charge or the document copy whereof accompanied the caveat shall be . . . . . . . . . $100. 00 Where withdrawal of a caveat against a Certifi cate of Title in respect of an advance is lodged with a mortgage to be registered on or caveat to affect the same certificate within eighteen months of the date of the lodging of the caveat, the fee on lodging the mortgage or new caveat (up to the amount secured by the caveat being withdrawn) shall be . . . . . . . . . . . . ... $50.00 and for each additional one thousand dollars ... $ 5.00 Where two or more abatements of fees are applicable to the same case, their effect shall not be cumulative, and the applicant shall be required to pay the greater fee. [The inclusion of this page is authorized by L.N. 87120041 REGISTRATYON OF TITLES FeeNo. 9 Fee No. 10 Fee No. 11 Fee No. 12 Fee No. 13 Fee No. 11 Fee No. 15 Fee No. 16 Fee No. 17 Fee No. 18 Fee No. 19 Fee No. 20 Fee No. 21 Fee No. 22 Fee No. 23 Fee No. 21 On lodging a caveat by a lender under the Agricultural Loans Act for every two thousand dollars or part there of of the amount of his loan . . . . . . . . . Provided that in no such case shall the fee exceed . . . . . . . . . . . . . . . . . . On lodging for registration of a discharge of a mortgage or charge, wholly or partially or a satisfaction of an annuity or a surrender of lease . . . . . . . . . . . . . . . . . . . . . On lodging for registration of (a) an Instrument appointing a Receiver (b) a Power of Attorney . . . ... ... On lodgement of an attested copy of a Power of Attorney and noting the original and copy . . . On lodgmg application for cancellation of lost Certdkate of Title . . . . . . .. . . . . For a Search Certificate for every Certificate of Title mentioned therein ... ... . . . For an Order for stay of registration for every Certificate of Title mentioned therein ... For withdrawal of caveat . . . ... ... For giving notice to caveator under paragraph 2 of section 110 . . . ... . . . . . . ... On lodging an application for an entry of fore closure . . . . . . . . . . . . . , . For every search in one matter only . . . . . For every general search . . . . . . ... For wery map deposited . . . ... . . . Fee depositing documents declaratory of trusls For registering recovery of possession or registering the lessee or surrenderee . . . . . . For registering vesting of lease in mortgagee on refusal of trustee to accept same . . . . . . L.N. 8412003. L.N. 8412003. L.N. 8412003. 0 [The inclusion of this page is authorized by L.N. 87120041 REGISTRATION OF TITLES 127 Fw NO. 25 For entering notice of Marriage Or Death including Death of joint proprietor of land. lease or mortgage Fa every Certificate of Title in which ente€e!d ... F e No. 26 For entering notice of Wnt of Sekure and Fee No. 27 For entering sa t iddon of any such Writ Fee No. 28 For Order dispensing with production of any duplicate grant Certificate or Instrument Fee No. 29 For Order for and inspection of any dwu mmts permanently retained to include all the dooulnents mentioned in any Order Fee No. 30 When any application. Instrument, Caveat, Order. Writ, Notice, Declaration of Trust, or othm entry to be registered purports to deal with land comprised in more than one Certificate of Title an additiqnal fee in re spct of eaoh such Certificate after the first Fee No. 31 Far copy of or extract from any document depomted in support of an application to bring land under the Act and retained. of from any caveat for each 100 words ,.. ... Fe No. 32 For every certified copy. first 100 words Fee No. 33 For every 100 wonis or part after the first Fee No. 35 For examination thereunder far every I5 Fec No. 36 For statement of gmunds under section 156 Fee No. 37 For en of the Trustee of a Bankrupt. as a Fec No. 38 c)n lodging an application for amendment of the Register. etc. ... ... Fec No. 39 For mgking the amendment such further fee (3 my) as the Registrar shall amsider to be reasonable. ... ... Sale or an Order of a Court ... ... Fee No. 34 F a every Summons ... ... minutes occupied ... ... T a e r e e or proprietor ... ... s 100.00 $ 100.00 s 100.00 s 100.00 s 100.00 s 20.00 s 5.00 $ 5.00 s 2.00 s 20.00 s 20.00 s 500.00 s 100.00 s 50.00 [Tbe inclusion of this pge is auubxized by L.N. 95 / 19971