Land, Transfer.

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under the hand of a sworn valuator, which certificate shall be received as conclusive evidence for the purpose aforesaid. (4.) All sums collected under the foregoing provisions shall be paid to the Public Account, to the credit of an account to be called " The Land Assurance Fund Account." 186. Any person — (a.) Who sustains loss or damage through any omission, mistake, or misfeasance of any Registrar, or of any of his officers or clerks, in the execution of their respective duties ; or (b.) Who is deprived of any land, or of any estate or interest in land, through the bringing of the same under the Land Transfer Acts, or by the registration of any other person as proprietor of such land, or by any error, omission, or misdescription in any certificate of title, or in any entry or memorial in the Register, or has sustained any loss or damage by the wrongful inclusion of land in any certificate as aforesaid, and who by this Act is barred from bringing an action for possession or other action for the recovery of such land, estate, or interest- — may bring an action against the Registrar-General, as nominal defendant, for recovery of damages. 187. In case the plaintiff recovers final judgment against such nominal defendant, then the Court or Judge before whom such action is tried shall certify to the Minister of Finance the fact of such judgment and the amount of damages and costs recovered ; and the said Minister thereupon, and upon the receipt of a warrant under the hand of the Governor, shall pay the amount of such damages and costs to the person recovering the same, and charge the same to the account of the Assurance Fund. 188. (1.) Notice in writing of every action against the RegistrarGeneral, and of the cause thereof, and of the amount claimed, shall be served upon the Attorney-General, and also upon the Registrar-General one month at least before the commencement of such action. (2.) If the aforesaid officers concur that such claim ought to be admitted, as to the whole or any part thereof, without suit or action, and jointly certify to that effect, the Governor may issue his warrant to the Minister of Finance for payment accordingly. (3.) If after notice of such admission has been served on the claimant, his solicitor or agent, the claimant proceeds with such action, and recovers no more than the amount admitted, he shall not be entitled to recover any costs as against the nominal defendant, and shall be liable to such defendant for the costs of defending the action in like manner as if judgment had been given for the defendant in such action. f 189. If in any such action judgment is given in favour of the nominal defendant, or the plaintiff discontinues or becomes nonsuit, the plaintiff shall be liable to pay the full costs of defending such action ; and the same, when taxed, shall be levied in the name of the nominal defendant by the like process of execution as in other actions. 190. (1.) Where any sum of money has been lawfully paid out of the Assurance Fund as compensation for any loss occasioned— (a.) By fraud, or by fraudulent omission, misdescription, or misrepresentation of any kind on the part of any proprietor in bringing land under any of the Land Transfer Acts ; or

Assurance Fund to be paid to separate account. Compensation for mistake or misfeasance of Registrar. 1908, No. 99, s. 189

Recovery of damages and costs. lb., s. 190

Notice of action to be served on Attorney-General and RogistrarGenoral. lb., s. 191 Minister to pay claim if admitted.

Costs if action continued after admission.

Liability of plainti for costs. lb., s. 192

In caso of fraud compensation paid and costs, how recovered. Ib,s. 193

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