Proc. No. 10 of 1902. Certificate to stand in place of grants, deeds of transfer and diagrams previously held by applicant. Two or more per sons cannot hold by one transfer unless they are partners. Separate transfer for each farm, erf or lot. Separate transfer from each owner. If undivided share ecated transfer of 18. The certificate of registered title when issued by the Registrar under the provisions of this Proclamation and the diagram annexed thereto shall stand in the place of the grants, deeds of transfer and diagrams previously held by the applicant in respect of the land therein mentioned or described; but no such certificate or diagram shall be deemed to confer upon such applicant any greater or other right than such as he had or possessed under such grants, deeds or diagrams. 19. It shall not henceforth be lawful to convey land to two or more persons by one and the same deed of transfer unless such persons be partners carrying on business under some particular name, firm or style. In all other cases where land is acquired by two or more persons in undivided shares, a separate deed of transfer shall be necessary in order to convey the share of each owner. 20. It shall not be lawful to convey more than one piece of land registered as a separate farm or erf or to convey portions of different farms or erven by one and the same deed of transfer, and no deed of transfer shall have more than one diagram annexed to it. Where land has been divided into a number of lots for residential, agricultural or other purposes it shall be competent for the Registrar before accepting for registration the transfer or lease of any such lot to require the registered owner of such land to lodge with him a duly approved general plan of the land so divided, together with his title deeds to such land. The Registrar shall thereupon cause such general plan to be registered, and an endorsement shall be made upon the title deed notifying that the land shown on such general plan has been divided into lots. A new register shall then be opened herein the transfers or leases of such lots shall be registered in the same manner as if the said lots were erven in a duly proclaimed township. 21. It shall not be lawful to convey land from more than one registered owner by one and the same deed of transfer, except (a) Where the land is owned by two or more persons constituting a firm; (b) Where the same purchaser acquires undivided shares in the same piece of land. 22. If it shall happen in any case of the partition of of property is hypoth- immovable property held in undivided shares that the total divided share can on share of any owner in such property is hypothecated under a partition be passed mortgage bond, it shall be lawful for the Registrar upon under certain con- production of such bond and of the consent in writing of the ditions. legal holder of such bond (which consent shall state that it is given under the provisions of this section) to allow transfer to be passed to such owner of the divided share awarded to him on partition, notwithstanding that such bond remains uncancelled. Section 20 was repealed by Ord. 65 of 1903 and other provisions substituted therefor. See sects. 1, 2 and 3 of that Ordinance. But in every such case the Registrar shall at the time of (a) Endorse on such bond that such divided share is in (b) Make an entry of such substitution in the Debt (c) Endorse on the transfer of such divided share that in 23. From and after the completion of the entry and endorsements aforesaid the divided share of such immovable property so transferred shall be deemed to be hypothecated as fully and effectually as if such divided share, and not an undivided share, had been originally hypothecated by such bond. 24. When and as often as it shall appear from the liquidation account of any insolvent estate and from the vouchers annexed thereto that a payment has been made to any creditor on account of a registered obligation of debt, the Master of the Supreme Court shall notify such payment to the Registrar, who shall thereupon write off the same in the Debt Register and also if possible on such obligation of debt. Master to notify rehabilitation to Registrar, who shall there upon write off debts 25. The Master of the Supreme Court shall furnish the Registrar with returns of all insolvents who may from time to time obtain their discharge or rehabilitation, and such returns shall specify the landed property and registered obligations of registered debt appearing in the insolvent's schedules or in the liquidation insolvent. account of his estate; and the Registrar shall on receipt of such returns write off in the Debt Register all debts registered against any such insolvent prior to his insolvency and, if possible, endorse upon the obligation of debt that it has been cancelled in terms of this section. 26. No deed or instrument of hypothecation executed at any time after the commencement of the taking effect of this Proclamation shall be of any force or effect to give any preference or priority to the payment of any advances, debts or demands made or accruing after the date of such deed or instrument unless it shall be expressed in such deed or instrument that the same is meant or intended to cover or secure future advances, debts or demands generally or some proper description thereof to be in the said deed or instrument described, and unless also some certain sum shall be expressed in such deed or instrument as a sum beyond which such future advances, debts or demands shall not be deemed to be covered or secured by the hypothecation made or created by such deed or instrument. *27. Any person who shall by prescription or by virtue of any contract or transaction or in any other manner have acquired Sects. 27-36 are, by virtue of Pr. Tr. 35 of 1902 sect. 25, to apply mutatis mutandis to the acquisition of title to any property registered in the Registration of Mining Rights Office which has become derelict or expropriated. against When hypothecation for future debts this must be expressly stated and maximum amount fixed. Persons having ac quired title to derelict lands may petition Supreme Court to order registration of such title. Proc. No. 10 of 1902. Also persons enti tled to expropriate obtain title in ordin land and unable to ary way. Rule nisi to be granted by Court. In case of objection of issue without summons. the just and lawful right to the ownership of any immovable property in this Colony registered in the name of any other person, and who shall not be able to procure the enregisterment of such property in his name by reason of the death, mental incapacity, insolvency or absence from the Colony of the person in whose name such property stands registered as aforesaid, or of any person or persons through or from whom such rights shall have been mediately or immediately derived, or owing to any other cause, may apply to the Supreme Court or a Judge in Chambers by petition to order the registration of the title to such property in his name. 28. As often as any person shall acquire the right to any immovable property by expropriation, and shall be entitled to obtain registration of title to such property, but cannot from any cause obtain such registration in the ordinary manner and according to the usual forms, such person may apply to the Supreme Court or a Judge in Chambers to order registration of title in his name. 29. Upon considering any petition for registration of title the Court or Judge may refer such petition for report to the Registrar, and may grant a rule setting forth the description of the property mentioned in such petition and calling upon all persons having or claiming to have any right or title to such property to appear and establish their claims to the same upon some day to be named in the rule, or be for ever barred therefrom, and may direct the mode of service or publication of such rule. 30. In case any person appears to show cause against any Court may direct trial rule so granted as in the last preceding section mentioned, the Court or Judge may without the issue of any summons require any issue of fact to be tried upon pleadings or may make such order as will in the most speedy and inexpensive manner determine the matter in controversy. Power of Court to 31. Upon considering any such petition for registration of order registration of title or upon the receipt of the report of the Registrar or upon title as prayed. the return of any such rule granted as aforesaid, and no good cause being shown to the contrary, the Court or Judge may order the Registrar to enregister the property mentioned in such order as the property of the person therein named, subject to such terms and conditions as may be therein mentioned. Subject to such order conventional affected. 32. Subject to the terms of any such order for registration mortgages not to be of title as aforesaid any conventional hypothecation over any immovable property so registered which shall be in existence at the date of such registry shall attach to and upon the said property precisely as it then exists, and all usual and proper entries and endorsements upon or in regard to any deed of transfer issued by the Registrar in obedience to such order shall be made in the Deeds Register before such deed shall be delivered to the person entitled thereto. Effect of such registration of title. 33. Every registration of immovable property made in favour of any person in pursuance of any order granted under section thirty-one of this Proclamation shall have the effect of vesting such person with a title and right to such property which shall and shall not respectively be liable to be annulled, set aside, limited and affected on every ground and by reason of every and any cause, matter or thing by reason of which the title and right of such person to such property would or would not have been liable to be annulled, set aside, limited or affected if such property had been regularly transferred to and in favour of such person and to and in favour successively of every person through or from whom his right was derived or acquired. Proc. No. 10 of 1902. Liability of persons to pay taxes. 34. When any order shall have been made under the provisions of section thirty-one of this Proclamation directing to whom title is given the Registrar to enregister any property in the name of any person, such person shall be liable to pay such taxes and duties in respect of such registration as he would have been liable to pay if such property had been transferred to him directly from the person last enregistered as the proprietor thereof in due form or law, and shall not be liable or required to pay nor shall the registration directed to be made in his favour be suspended or stayed by reason of the non-payment of any tax, duty, quit-rent or fine which the person last enregistered as such proprietor or any other person through or from whom he has mediately or immediately derived his right to such property may have become liable for or incurred, unless he shall by some contract of agreement have specially bound himself to pay such tax, duty, quit-rent or fine: Provided that any person who may have become liable for or incurred such tax, duty, quit-rent or fine shall be and continue personally liable for the same notwithstanding that such property shall by virtue of such order have been registered as the property of the person therein named. 35. Upon production to the Registrar of any order granted Registrar of Deeds under the provisions of section thirty-one of this Proclamation to comply with order. and of a certificate from the proper officer of the due payment of the transfer duty (if any) which the person named in the order is liable to pay, the said Registrar shall enregister the immovable property as by the said order may be directed, in the form as nearly as is material contained in schedule "C" to this Proclamation, subject to such conditions and stipulations as would have been contained in a deed of transfer passed in due and customary form to such person last enregistered as the proprietor of such property and to such other conditions as the said order may direct. Surplus of proceeds of Supreme Court. 36. Any sum of money which the Court making any order under the provisions of section thirty-one of this Proclamation to be paid to Master shall find to be due to any person by the person in whose favour such order is made shall, in case the person to whom such money shall be payable shall be absent from the Colony, unknown, or a minor, be paid to the Master of the Supreme Court to the credit of such person as may be entitled to the same or otherwise as may be ordered by such Court. 37. No ante-nuptial contract executed in this Colony shall be capable of being registered unless the same shall have been tracts to be executed Ante-nuptial conbefore notary. Proc. No. 10 of 1902. Definition of terms. Short title. executed before a notary public, but any such contract if executed elsewhere than within this Colony shall, whether notarial or not, be capable of being so registered if executed in accordance with the law and practice relating to such instruments of the country in which the same is executed, and shall, if registered and if a duplicate, original or copy thereof attested by a notary public in this Colony be deposited as aforesaid, have in this Colony the same force and effect in regard to creditors in insolvencies as if it had been executed before a notary public in this Colony. 38. The expression "Governor" in this Proclamation shall mean the officer for the time being administering the Government of the Transvaal. Until the establishment of the Supreme Court of this Colony the powers and jurisdiction conferred on such Court by this Proclamation shall be vested in the Special Criminal Court at Pretoria, and the powers and jurisdiction conferred on the Attorney-General and the Master of the Supreme Court shall be vested respectively in the Legal Adviser to the Transvaal Administration and the Orphan Master. This Proclamation may be cited for all purposes as "The Deeds Proclamation 1902" and shall take effect from and after the fifteenth day of April next. That.. ..having applied for the issue to him of a certificate of registered title under section twelve of the Deeds Proclamation, 1902, and it appearing that he is the registered owner of the land hereinafter described held under certain (here describe the deeds of grant or transfer under which the applicant holds). Now therefore in pursuance of the provisions of the aforesaid Proclamation I, the Registrar of Deeds, do hereby certify that the said... is registered as the owner of (describe the property) as will more fully appear by the annexed diagram subject to such conditions as are mentioned or referred to in the said (describe the deeds of grant or transfer). * See also Schedule to Ordinance 65 of 1903. |