Land Transfer.

XXVII

(2.) Upon issuing any such certificate the Registrar shall cancel the grant or previous certificate, and shall note thereupon a reference to the certificate of title issued in lieu thereof. 80. (1.) In the event of any grant or certificate of title being lost, mislaid, or destroyed, the registered proprietor, together with other persons, if any, having knowledge of the circumstances, may make a statutory declaration stating the facts of the case, the names and descriptions of the registered owners, and the particulars of all mortgages, incumbrances, or other matters affecting such land and the title thereto, to the best of the declarant's knowledge and belief. (2.) The Registrar, if satisfied as to the truth of such declaration, may issue a provisional certificate of title, which provisional certificate shall contain an exact copy of the original grant or certificate and of every memorandum and indorsement thereon, and shall also contain a statement of the circumstances under which such provisional certificate is issued. (3.) The Registrar shall at the same time enter in the Register notice of the issuing of such provisional certificate and the date thereof, and the circumstances under which it was issued. (4.) The Registrar before issuing such provisional certificate shall give at least fourteen days' notice of his intention so to do in. the Gazette and in at least one newspaper published in New Zealand. (5.) Such provisional certificate shall be available for all purposes and uses for which the grant or certificate of title so lost or mislaid would have been available, and as valid to all intents as such lost grant or certificate. 81. Where a, transfer has, under section seventy-five of the Rating Act, 1908, been registered without production of the outstanding certificate of title, the Registrar may, if he is satisfied that such outstanding certificate cannot be got in and cancelled, issue a new certificate in the name of the purchaser without such cancellation, and for that purpose may cancel the existing folium of the Register. Transfers. 82. (1.) When land under this Act, or any estate or interest therein, is intended to be transferred, or any right-of-way or other easement is intended to be created, the registered proprietor may execute for the purpose of registration a memorandum of transfer in the Form C in the Second Schedule hereto, which, memorandum shall, for description of the land intended to be dealt with, refer to the proper folium of the Register, with such further description as may be necessary, and shall contain a precise statement of the estate or interest intended to be transferred or created. (2.) The Registrar may, at his discretion, dispense with the requirements of this section as to the mode of description of the land, estate, or interest intended to be dealt with, if he is satisfied that the description given is sufficient to identify such land, estate, or interest. 83. If any memorandum of transfer purports to transfer the whole of the land described in a grant or certificate of title for all the estate and interest therein of any registered proprietor, it shall not be necessary for the Registrar to cancel such grant or certificate ; but the

Declaration may be made in case of loss of original certificate. 1908, No. 99, s. 81

Provisional certificate may be issued.

Effect of provisional certificate.

Registrar may issue certificate of title to purchasor on sale for non-payment of rates. lb., s. 82

Transfer by registered proprietor, how effected. lb., s. 83

Discretionary power of Registrar.

New certificate to transferee, unnecessary if whole land transferred. lb., s. St

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