Land Transfer.
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or the official seal for use in New Zealand, or by attorney appointed under such common or official seal; and such seal affixed to any instrument shall be sufficient proof to the Registrar that the same was affixed under proper authority, and that such instrument is binding on the corporation whose seal it bears. 174. Every instrument registered under this Act shall, if purporting to have been executed in accordance with the provisions of this Act, be presumed to have been duly executed, and shall be received in evidence as such in any Court of law or equity, unless the contrary is proved. 175. (1.) No Registrar shall receive any application for bringing land under this Act, or any instrument purporting to deal with or affect any estate or interest under the provisions hereof, unless there is indorsed thereon a certificate that the same is correct for the purposes of this Act, signed by the applicant or party claiming under or in respect of such instrument, or by a licensed land-broker or a solicitor of the Supreme Court employed by such applicant or party. (2.) A corporation may authorize any person to certify on its behalf. (3.) Every person who falsely or negligently certifies to the correctness of any such application or other instrument is liable therefor to a fine not exceeding fifty pounds ; and such fine shall not prevent the person who may have sustained any damage or loss in consequence of error or mistake in any such certified instrument, or any duplicate thereof, from recovering compensation from the person by whom or on whose behalf the same has been certified. Verification of Instruments. 176. (1.) Every instrument of any kind heretofore or hereafter duly executed out of New Zealand shall, so far as regards the execution thereof, be admissible in evidence in any Court of justice in New Zealand, and before any officer or person having by law or consent of parties authority to hear, receive, and examine evidence in New Zealand, if such execution is verified in any of the following ways, that is to say :— (a.) Where the instrument is executed in any part of the British dominions other than New Zealand, then either— (i.) In accordance with the provisions in that behalf of the Imperial Act now known by the Short Title of the Statutory Declarations Act, 1835 ; or (ii.) In accordance with the law in force in that part of the British dominions where the verification takes place as to verifying the execution of instruments to be used abroad : (b.) Where the instrument is executed in any foreign country, then if it purports to have been executed before a British Minister or Consul exercising his functions in that country, and to be sealed with his seal of office (if any), or if there is indorsed thereon or annexed thereto a declaration of the due execution thereof purporting to be made by an attesting witness thereto before any such Minister or Consul as aforesaid, and to be sealed as aforesaid. (2.) It shall be presumed that any seal or signature impressed, affixed, appended, or subscribed on or to any document tendered in
Instruments to be received in evidence in Courts. 1908, No. 99, s. 176
Correctness of instrument to bo certified. lb., s. 177
Pine for false certificate.
Verification of instruments executed out of Now Zealand. lb., s. 178
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