Land Transfer.

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(b.) By fraud on the part of any person causing or procuring himself to be registered as a proprietor under any of the Land Transfer Acts by virtue of any dealing with or transmission from a registered proprietor— the amount of such compensation, together with all costs incurred in testing or defending any claim or action in relation thereto, shall be deemed a debt due to the Crown from the person legally responsible for such fraud, fraudulent omission, misdescription, or misrepresentation, as the case may be, and may be recovered from him, or from his personal representatives, by action at law, in the name of the Registrar-General, or, in case of bankruptcy, may be proved as a debt due from his estate. (2.) A certificate signed by the Minister of Finance, verifying the fact of such payment out of the Assurance Fund, shall be prima facie proof that such payment was made as aforesaid. (3.) All moneys recovered in any action as aforesaid shall be paid to the credit of the Assurance Fund. (4.) All costs incurred by the Registrar-General with the sanction of the Attorney-General in prosecuting, testing, or defending any claim or action under this Act shall be paid out of the Assurance Fund. 191. (1.) Where any amount has been paid out of the Assurance Fund on account of any person who has absconded, or who cannot be found within the jurisdiction of the Supreme Court, and may have left any real or personal estate within New Zealand, the said Court or a Judge thereof, upon the application of the Registrar-General, and upon the production of a certificate signed by the Minister of Finance certifying that the amount has been paid in satisfaction of a judgment against the Registrar-General as nominal defendant, may allow the Registrar-General to sign judgment against such person forthwith for the amount so paid out of the Assurance Fund, together with the costs of the application. (2.) Such judgment shall be final, and signed in like manner as a final judgment by confession or default in an adverse suit, and execution may issue immediately. 192. If such person has not left real or personal estate within New Zealand sufficient to satisfy the amount for which execution has been issued as aforesaid, the Registrar-General may recover such amount, or the unrecovered balance thereof, by action against such person whenever he may be found within the jurisdiction of the Supreme Court. 193. The Assurance Fund shall not under any circumstances be liable for compensation for any loss, damage, or deprivation occasioned by any of the following things, notwithstanding that effect may have been given to the same by entry on the Register : — (a.) By the breach by a registered proprietor of any trust; or (&.) By the same land having been included in two or more grants from the Crown ; or (c.) By the improper use of the seal of any corporation or company ; or (d.) By the registration of any instrument executed by any person under any legal disability, unless the fact of such disability was disclosed on the instrument by virtue of which such person was registered as proprietor; or (e.) By the improper exercise of any power of sale or re-entry.

Judgment for such moneys may be signed against absconders, &c. 1908, No. 99, s. 194

Judgment may be recovered at any time. lb., s. 195

Assurance Fund not liable in certain cases. lb., s. 196

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