] and includes a continuation title issued under section 92 of that Ordinance and
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a certified copy thereof issued in accordance with the provisions of section 120 of that Ordinance;
“to register” means to enter in the Register of Titles or in the Native Title Register or in the Field Register, as the case may be;
“register document of title” means the counterpart of the issue document of title filed in the Register of Titles;
“title” means any Lease, Provisional Lease or Native Title.
Duties of Commissioner and Collectors.
Ordinance prepare a list of all Registers of Title, Native Title Registers and Field
Registers, which have been lost or destroyed and may from time to time revise such list.
Application for new titles when Register is lost.
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Collector.
Commissioner the application and documents referred to in subsection (2), the objections, if any, lodged in accordance with subsection (5) and any other documents or information which in the opinion of the Collector are relevant.
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Power to make entry in Native Title Registers.
Collector shall, after the time for filing an appeal has expired, and subject to the provisions of section 13 –
Provided that where the extract was produced to the Collector, either voluntarily or in pursuance of a notice issued under subsection (3) of section 4 by a person other than the applicant and a receipt was issued to such person in accordance with the provisions of such subsection the Collector may on production of such receipt by such person deliver the new extract to him.
Power to make entry in Register of Titles.
Provided that where the issue document of title was produced to the
Collector either voluntarily or in pursuance of a notice issued under subsection (3) of section 4 by a person other than the applicant and a receipt was issued to such person in accordance with the provisions of such subsection, the Commissioner may on production of such receipt by such person deliver the new issue document of title to him.
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Validity of titles issued under sections 5 and 6.
Application for new titles when register and issue documents of titles are lost.
Collector.
Commissioner the application and documents referred to in subsection (2), the objections, if any, lodged in accordance with
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subsection (4), and any other documents or information which in the opinion of the Collector are relevant.
Power to issue new titles.
Collector shall after the time prescribed for filing an appeal has expired, and subject to the provisions of section 13, issue to the person in whose favour such order is made a new title of the same character and upon the same terms and subject to the same conditions as those upon and subject to which the original title was granted:
Provided that before issuing any such new title the Commissioner or the Collector, as the case may be, may direct that the land be re-surveyed or re-demarcated:
Provided further that if such a direction is given the Commissioner or the Collector, as the case may be, pending such re-survey or such re-demarcation, issue to the person in whose favour such order is made a provisional lease or make an entry in the Field
Register and issue a copy thereof to such person upon the same terms and subject to the same conditions as those upon and subject to which the original title was granted.
Validity of new titles.
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Validity of Provisional Leases and entries in Field Registers.
Ordinance [Cap. 68.], the lease or entry in the Native Title Register issued or made in lieu of such provisional lease or entry in the Field Register shall be deemed to be a new title for the purposes of section 10 of this Ordinance.
Appeals.
Ordinance [Cap. 68.], and the provisions of that section shall apply to any such appeal.
Commissioner or to the Collector, as the case may be.
Power to give effect to orders made on appeal.
Commissioner or the Collector, as the case may be, shall file such order in the record of enquiry.
Commissioner, as the case may be is revised or varied the Collector or Commissioner, as the case may be, shall, as soon as may be after the receipt of any such order, take such steps as are necessary to give effect thereto and for this purpose shall have power to rectify the Register of Titles or the native Title Register, as the case may be, and to make such alterations as are necessary to the documents of title and to the extracts.
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Power to enforce attendance of witnesses.
Collector shall have the powers conferred upon the Commissioner and the Collector respectively by section 44 of the Land Ordinance [Cap. 68.].
Coercion or duress.
Power to accept applications out of time.
of section 8 a Collector may, in his discretion accept an application after the expiration of six months from the commencement of this Ordinance if it is shown to his satisfaction that for any good and sufficient reason the applicant was prevented from making or unable to make the application within six months of the commencement of this Ordinance.
Protection of persons acting in execution of duty.
Ordinance, or by any rules made thereunder;
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Power to make rules.
Remission of fees, etc.
Governor may exempt any class of documents required to be signed, attested, registered or filed in pursuance of the provisions of this Ordinance from any stamp duty, fee or other dues or charges to which it would have been liable but for the provisions of this subsection, and may, if he thinks fit, delegate to the Commissioner similar power to exempt in any particular case.
Penalty.
Applications under sections 4 or 8 during the period of enemy occupation.
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December, 1941 and the 17th day of October, 1945, the Collector shall transmit to the
Commissioner such application and the documents relating thereto.
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FIRST SCHEDULE.
(SECTION 4 (2).)
STATUTORY DECLATATION.
I/We ………………………………………………………………………………… being the owner(s), executor(s), administrator(s), attorney of the owner(s) of the land held under the following title(s) ……………………………………………………………………
do solemnly and sincerely declare that the land alienated under the aforesaid title(s) is the property of (the said) ………………………………………………… that the only persons having any interest therein are ……………………………………… and I/We make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Ordinance.
Subscribed and solemnly declared by the above-named
………………………………….……………………… at …………………..…… in the
Colony of ……………………………...this ……………… day of ……………………, 19
…………………
Before me
…………Magistrate.
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SECOND SCHEDULE.
(SECTION 4 (3).)
NOTICE TO PRODUCE ISSUE DOCUMENT OF TITLE/EXTRACT*
To ………………………………………….
In pursuance of the powers conferred upon me by section 4 of the Reconstitution of
Land Title Registers Ordinance, I hereby give you notice to produce to me within ten days from the date hereof the issue document of title/ extract* specified hereunder† :
And take notice that if you fail to comply with the terms of this notice you render yourself liable to a fine of five hundred dollars or in default to simple imprisonment for six months.
Dated this …………………………. day of …………………………..19 …………….
…………………. Collector of Land Revenue.
* Strike out whichever is inapplicable.
Here set out the particulars of the issue document of title/extract.
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THIRD SCHEDULE.
(SECTION 4 (3).)
RECEIPT FOR ISSUE DOCUMENT OF TITLE/EXTRACT*
Received from ……………………………………………………………………… the issue document of title/extract* specified hereunder.†
Dated this …………………………. day of …………………………..19 …………….
…………………. Collector of Land Revenue.
* Strike out whichever is inapplicable.
Here set out the particulars of the issue document of title/extract.
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FOURTH SCHEDULE.
(SECTION 4 (4).)
NOTICE.