Land, Transfer.

LI

(2.) This section shall be read subject to the provisions of sections seventy and hereof. Appeal. 199. If the Registrar refuses to perform any act or duty which he is hereby required or empowered to perform, or if the proprietor or other claimant of any land, estate, or interest is dissatisfied with the direction or decision of the Registrar and Examiner of Titles, or of the Registrar acting alone in respect of any application, claim, matter, or thing under this Act, the person deeming himself aggrieved may require the Registrar to set forth in writing the grounds of such refusal, direction, or decision. 200. Such person may, if he thinks fit, summon the Registrar to appear before the Supreme Court to substantiate and uphold the grounds of such refusal, direction, or decision as aforesaid, such summons to be issued under the hand of a Judge of the said Court, and served upon the Registrar six clear days at least before the day appointed for hearing. 201. Such summons shall be heard by the said Court; and upon the hearing the Registrar or his counsel shall have the right of reply, and the Court shall, if any question of fact is involved, direct an issue to be tried to decide such fact; and the Court shall thereupon make such order in the premises as the circumstances of the case may require, which order shall be binding upon the Registrar. 202. All expenses attendant upon any such proceedings shall be borne and paid by the person initiating the proceedings, unless the Court or Judge orders that the same be paid out of the Assurance Fund, which such Court or Judge is hereby empowered to do. 203. When any question arises between the Registrar and Examiner of Titles with regard to the performance of any of the duties or the exercise of any of the functions by this Act conferred or imposed upon the Registrar, which he is authorized, or empowered to exercise or perform in conjunction or together with, or with the consent of, the Examiner of Titles, the Registrar shall state a case for the opinion of the Registrar-General; and thereupon the Registrar-General shall decide upon the matter, and such decision shall be binding upon such Registrar and Examiner. 204. (1.) In every case in which an appeal may be had to the Supreme Court or a Judge thereof under this Act from the decision of any Registrar acting also as Examiner of Titles, or of any Registrar in respect of any matter with which he is empowered to deal without the concurrence of an Examiner of Titles, the person dissatisfied with such decision may refer the same in the first instance to the RegistrarGeneral, whose decision shall be binding on the Registrar. (2.) There shall be the like appeal to the Supreme Court from the decision of the Registrar-General as from the decision of a Registrar. 205. The Registrar-General may, by special case, submit for the decision of the Court of Appeal any question arising under this Act or any former Land Transfer Act which appears to him to require such decision ; and the said Court shall give its judgment thereon as if such question had been raised in due form upon an appeal from the decision of the Supreme Court.

1913, No. 17, 5.20

Appeal to Supreme (iourt from decision of Registrar. 1908, No. 99, s. 202

Summons to Registrar to. appear. lb., s. 203

Hearing of appeal, lb., s. 204

Expenses of appeal. lb., s. 205

Registrar-General to decide between Registrar and Examiner of Titles. ib., s. 206

Primary appeal to Registrar-General if Registrar and Examiner the same person. Ib., s. 207

Registrar-General may submit questions for decision of Court of Appeal. Ib., s. 208

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