coviii U.ION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

No. 47, 1937.)

ACT
To consolidate and amend i:he laws in force in the
Union relating to the registration of deeds.

BE theIT Senate
ENACTED by the King's Most Excellent Majesty,
and the House of Assembly of the Union of
South Africa as follows :-
CHAPTER I.
ADMINISTRATION,

Deeds registries. 1. (I) There shall be deeds registries at Cape Town, King-
williamstown, Kimberley, Vryburg, Pietermaritzburg, Pretoria
and Bloemfontein, each to serve its respective area as defined
in the Second Schedule to this Act. The Rand townships
registration office at Johannesburg, shall also be a deeds
registry, but only in connection with the registration of docu-
ments relating to immovable property in any township in
the area served thereby as defined in the said Schedule.
(2) In every deeds registry in the Union existing at the
commencement of this Act there shall be carried out to com-
pletion as if this Act had not been passed all matters which
immediately prior to such commencement were pending in
that registry, and each registry mentioned in sub-section (1)
shall be a continuation of the deeds registry existing at the
commencement of this Act in the area served thereby.
(3) The Governor-General may from time to time, upon
the authority of resolutions passed by both Houses of Parlia-
ment, alter by proclamation in the Gazette any area defined in
the Second Schedule to this Act as the area served by any
deeds registry.
Appointment of 2. (1) Subject to the provisions of any law relating to the
registrar and public service, the Governor-General shall, in respect of each
assistant regiatrar deeds registry, appoint an officer to be styled the registrar of
of deeds. deeds, who shall be in charge o the deeds registry in respect
of which he has been appointed : Provided that the officer
in charge of the Rand townships registration office shall
continue to be styled the Rand townships registrar : Provided
further that the officer appointed as registrar o deeds in
respect of the deeds registry at Cape Town may in addition
be appointed as registrar of deeds in respect of either or both
of the deeds registries at Kimberley and Vryburg.
(2) The Governor-General may, subject to the provisions
of any law relating to the public service, appoint for each .
deeds registry one or more assistant registrars of deeds, or for
the Rand townships registration office, one or more assistant
Rand townships registrars who shall respectively have the
power, subject to regulations, to do any act or thing which
may lawfully be done under this Act or any other law by a
registrar of deeds, or by the Rand townships registrar, as the
case may be.
(3) Every person holding, at the commencement of this
Act, the office of registrar or assistant registrar of deeds or
Rand townships registrar, or assistant Rand townships regis-
t_rar, shall be deemed to have been appointed under this
sectipn.
(4) Every registrar appointed under or referred to in this
section is hereinafter referred to as the registrar.
(5) Each registrar shall hve a seal of office which shall be
affixed to all deeds executed or attested by him and to all
copies of deeds issued by h1m to serve in lieu of the original
deeds.
Duties of 3. The registrar shall, subject to the provisions of this Act-
registrar. (a) take charge of and preserve all reoords which were
prior to the commencement o thi11 Act, or may be-
co~e aft~r such commenc.ement, records of any deeds
registry m respect of which he has been appointed ;
cox UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

(b) examine all deeds or other documents submitted to

him for execution or registration, and after examination
reject any such deed or other document the execution
or registration o which is not permitted by this
Act or by any other law, or to the execution or
registration of which any other valid objection
exists; .
(c) register grants or leases of land lawfully issued by
the Government ;
(d) attest or execute and register deeds of transfer of
land, and execute and register certificates of title
to land;
(e) attest and register mortgage bonds ;
(j) register cessions (including cessions made as security)
of registered mortgage bonds, and register cancella-
tions of such cessions if made as security ;
(g) register cancellations of registered mortgage bonds,
part payments of the capital amount due in respect
of any such bond, releases of any part of the property
hypothecated there by, or of all such property if the debt
is further secured by a collateral bond, releases
of any joint debtor or of any surety in respect of
any such bond, and the substitution of another person
for a debtor in respect of any such bond.
(h) register waivers of prefere~ce in respect of registered
bonds in favour of other bonds, whether registered
or about to be registered;
(i) register waivers of preference in respect of registered
real rights in land, in favour of mortgage bonds,
whether registered or about to be registered ;
(j) register notarial bonds, and cancellations and cessions
thereof (including cessions made as security) and
cancellations of such cessions if made as security ;
(k) register ante-nuptial contracts, and, in the province
of Natal, also post-nuptial contracts, and register
such notarial deeds of donation (including a donation
to be held in trust), and such other notarial deeds
having reference to persons and property within
the area served by the registry in question as are
required or permitted by law to be registered;
(l) register grants or leases lawfully issued by the Govern-
ment, of rights to minerals ; '
(m) register notarial cessions, leases or sub-leases of
rights to minerals, notarial cessions of such registered
leases or sub-leases, notarial cancellations of such
leases or sub-leases, certificates of registration of
such rights, and reservations of such rights made in
grants or transfers of land ;
(n) register on the title deeds of the land or of the rights
to minerals affected, and in the relative registers, the
issue of mynpachtbrieven ;
(o) register any servitude, whether personal or praedial,
and record the modification or extinction of any
registered servitude ;
(p) register notarial leases, sub-leases, and cessions of
leases or of sub-leases, of land, and cancellations of
such leases and sub-leases ;
(q) register notarial prospecting contracts and notarial
cessions thereof and cancellations of such contracts ;
(r) register any real right, not specifically referred to in
this section, and any cession, modification or extinc-
tion of any such registered right ;
(s) register against any registered bond any agreement
entered. into by the mortgagor and the registered
holder of that bond, whereby any terms of that bond
have been varied;
(t) register general plans of erven or of sub-divisions of
land, open registers of the erven or sub-divisions of
land shown on such general plans, and record in such
registers the conditions upon which the erven or sub-
divisions have been laid out or established;
(u) register powers of attorney whereby the agents named
therein are authorized to act generally for the princi-
 ccxii UNION GAZETTE EXTRAORDINARY, 26TH M:AY, 1937.

pals granting such powers, or to carry out a series of

acts or transactions registrable in a deeds registry,
and register copies of such powers registered in
another deeds registry, which have been certified by
the registrar thereof ;
(v) make, in connection with the registration of any deed
or other document, or in compliance with the require-
ments of any law, such endorsements on any regis-
tered deed or other document as may be necessary to
give efiect to such registration or to the objects of
such law;
(w) record all notices, returns, statements, or orders of
court lodged with him in terms of any law ;
(x) remove from his records after notice to the Master and
after the lapse of five years from the date of entry
in such records, any entry made therein, whether
before or after the commencement of this Act, in
pursuance o the transmission to him o a notice of
liquidation or an order of liquidation or sequestration
or in pursuance of the lodging with him by the Master
of a return under section twenty-five of the Admini-
stration of Estates Act, 1913;
(y) keep the registers prescribed under this Act and any
other law, and make such entries therein as are
necessary for the purpose of carrying out the provi-
visions o this Act or such other law and of main-
taining an efficient system of registration calculated
to afiord security of title and ready reference to any
registered deed ;
and generally the registrar shall discharge all such duties as by
law may or are to be discharged by a registrar of deeds or as are
necessary to give efiect to the provisions of this Act : Provided
that nothing in this Act contained shall be construed as impos-
ing upon the Rand townships registrar the duty of registering
any deed or other document which he would not have registered
if this Act had not been passed.

Powers of 4. (1) Each registrar shall have power-

registrar.
(a) to require the production of proof upon affidavit or
otherwise of any fact necessary to be established in
connection with any matter ot thing sought to be
performed or effected in his registry ;
(b) whenever it is in his opinion necessary or desirable to
rectify in any d~ed or other document, registered or -
filed in his registry, an error in the name or the
description of any person or property mentioned
therein, to rectify the error : Provided that-
(i) every person appearing from the deed or other
document to be interested in the rectification,
has consented thereto in writing ;
(ii) if any such person refuse to consent thereto the
rectification may be made on the authority of
an order of Court ;
(iii) if the error is common to two or more deeds or
other documents, including any register in his
registry, the error shall be rectified in all those
deeds or other documents ;
(iv) no such rectification shall be made if it would
have the efiect of transferring any right ;
(v) if the error rectified occurred in a notarial deed
the registrar shall require notice to be given of
the rectification to the notary concerned or, if
he is deceased or has ceased to practise, to the
person having lawful custody of his protocol;
(c) to issue, under conditions prescribed by regulation,
certified copies of deeds or other documents registered
or filed in his registry ;
(d) if in his opinion any deed or other document submitted
to him has become illegible or unserviceable, to
require that a certified copy thereof be obtained to
take its place.
(2) Each registrar shall perform, in case of dispute, all the
functions of a taxing officer of the court in relation to fees
charged by conveyancers ~nd notaries public for performing
any acts which are required or permitted under this Act to
be performed by conveyancers or notaries public in connection
 ccxiv UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

with deeds executed, registered or filed or intended to be

executed, registered or filed in a deeds registry or in relation
to fees charged by other legal practitioners in connection
with the preliminary work necessary for the purposes of any
such deed.
Transactions 5. If it is sought to register transactions affecting separate
affecting land in pieces of land situate within the areas served by different
areas served by
different deeds deeds registries, the registrars concerned may, subject to the
registries. provisions of any regulations, by mutual arrangement, effect
such registration in such manner as may be found expedient.

Registered deeds 6. Save as is otherwise provided in this Act or in any other

not to be cancelled law no registered deed of grant, deed of transfer, certificate
except
order ofupon
Court.an of trt Ie or ot h cr d ee d conferrmg

or conveymg 1e to Ian d ,
trt
or any real right in land other than a mortgage bond, and no
cession of any registered bond not made as security, shall be
cancelled by a registrar except upon an order of Court.

Inspection of 7. Each registrar shall on conditions prescribed and upon

rec<;>rds and.supply payment of the prescribed fees, permit any member of the
of mformahon. pu bl"rc to mspcct
t h e pu bl"lC registers
an d ot h er publ"lC recor d s
in his registry, and to make copies of those records or extracts
from those registers and to obtain such other information
concerning deeds or other documents registered or filed in the
registry as prior to the commencement of this Act could,
customarily, be made or obtained: Provided that no such
fee shall be payable in respect of any search or inspection
made in a deeds registry-
(a) by a conveyancer or notary public in connection with
any deed which he has been instructed to prepare,
attest or lodge in such registry ; or
(b) by any surveyor in connection with any survey which
he has been instructed to perform ; or
(c) by any sheriff or messenger of a magistrate's court,
or his deputy, in connection with the exercise of his
duties as such.
Appointm':nt of 8. 'fhe Governor-General may appoint one of the registrars
Chlef Reglstrar of to be Chief Registrar of Deeds who shall as such be the chair-
Deeds. man an d executive
. . . reguI atwns
offi cer of t h e d ee d s registnes .
board mentioned in section nine and shall, subject to the
direction~ of the 1\Iinister, exercise such supervision over all
the deeds registries as may be necessary in order to bring
about uniformity of practice and procedure among them.
Regulations 9. (1) 'fhere shall be established a deeds registries regulations
board. board (in this section referred to as " the board") with power
to make regulations upon the subjects mentioned in section
ten.
(2) The board shall consist of the registrars of deeds at
Cape Town, Pretoria, Bloemfontein, Pietermaritzburg and
Kingwilliamstown, the Rand townships registrar, the Govern-
ment Attorney, one member, who shall be appointed by the
l\Iinister, of the Survey Regulations Board established under
sub-section (1) of section eight o the Land Survey Act, 1927,
and six conveyancers of whom one shall be appointed by each
of the incorporated law societies in the several provinces of
the Union and two by the Minister who shall be recognised
country practitioners.
(3) A member appointed by the Minister shall hold office
for such period as the Minister may determine.
(4) A member appointed by an incorporated law society
shall hold office for a period of one year.
(5) Every vacancy caused by the death or resignation
of an appointed member shall be filled by the appointment
by the :Minister or the society concerned, as the case may be,
of another member, and such other member shall hold office
for the unexpired portion of the period for which the member
whose office has become vacant, had been appointed.
(6) If any such society fails to make an appointment under
sub-section (2) or (5), the Minister may in lieu of such society
appoint as a member of the board any conveyancer practising
in the province in which such society is established.
(7) The board shall meet at such time and place as the
Minister may appoint.
(8) I no Chief Registrar of Deeds has been appointed or
if, having been appointed, he is unable to attend any meeting
of the board, the :Minister shall nominate one of the registrars
as chairman of the board, or to act as chairman of such meeting,
as the case may be. If the Minister fails so to nominate &
 coxvi UNION GAZETTE EXTRAORDINARY, 26TH 1\iAY, 1937.

registrar, the members present at such meeting shall appoint

one of the registrars present to act as chairman of such meeting.
(9) Seven members of the board shall form a quorum at
its meetings, and a decision of the majority of the members
present at any meeting shall be the decision of the board:
Provided that in the event of an equality of votes at any meeting
the chairman shall have a casting vote in addition to his
deliberative vote.
(10) With the Minister's approval the board may make
regulations without holding a meeting : Provided that no
regulation so made shall be of any force or effect unless agreed
to by all the members of the board.
(11) No regulation or any amendment or repeal thereof
made by the board shall take effect unless it has been approved
by the Governor-General and published in the Gazette at least
one month before the date on which it is expressed to take
effect.
(12) Every such regulation, amendment and repeal shall,
within fourteen days after it has iaken effect, be laid upon
the Tables of both Houses of Parliament if Parliament is then
in session, or if Parliament is not then in session, within fourteen
days after the commencement of its next ensuing session.

Regulations. 10. (1) The board established under sec~ion nine may make
regulations prescribing-
(a) the procedure to be followed by the said board m
carrying out its functions ;
(b) the fees of office (if any) to be charged in respect of
any act, matter or thing required or permitted to
be done in or in relation to a deeds registry, including
any report made to the court by the registrar in
connection. with any application or action to which
he is not a party ;
(c) the fees and charges of conveyancers and notaries
public in connection with the preparation, passing
and registration of deeds or other documents regis-
tered or filed or intended for registration or filing
in a deeds registry and the fees and charges of any
other legal practitioners in connection with the
preliminary work required for the purpose of any
such deed or other document and the fees and charges
in connection with the taxation of any such fees or
charges;
(d) the manner and form in which and the qualifications
of the person by whom any deed or other document
required or permitted to be lodged, registered or
filed in any deeds registry shall be prepared, lodged
executed, registered, filed or delivered ;
(e) the manner and form in which endorsements or
entries required by this Act or any other law to be
made on registered deeds or other documents or
in the registers shall be made thereon or therein ;
(f) the particular documents which, when produced in
a deeds registry, shall be attested or witnessed,
and the manner in which any such document shall
be attested or witnessed ;
(g) the divisions, districts or other areas within the area
served by any deeds registry, which shall be adopted
in numbering for the purposes of registration, the
farms or other pieces of land situate therein ;
(h) the method according to which farms or other pieces
of land in any such division, district or other area
shall be numbered ;
( i) the manner and form in which erven or portions of
erven in townships, locations or similar areas may
be registered ;
(j) the manner and form in which information which is
required by law to be furnished .to a registrar shall
be recorded in his deeds registry, the manner and form
in which information permitted by law to be furnished
by a registrar to the public shall be furnished and
the m!:',nner and form in which the identity of persons
shall be established;
(k) the conditions upon which conveyancers, surveyors
and other persons may conduct any search in a deed11
registry, and the precautions which shall be taken
to ensure preservation of the records from damage
by improper handling or otherwise ; -
(l) the transmission by any registrar of returns of deeds
of transfer, deeds of grant, and certificates of title
 ccxviii UNION GAZETTE EXTHAOHDINAH.Y, 26TH :\-lAY, 1937.

registered in his deeds registry, to any civil com-

missioner, magistrate or other officer, and the manner
and form of, and times for transmitting such returns ;
(m) the conditions under which copies of deeds and other
documents registered in a deeds registry may be
issued for judicial purposes, or purposes of information
ur in substitution of deeds or other documents which
have been lost, destroyed, defaced or damaged
and the conditions under which extracts from registers
or from any documents registered or filed in a deeds
registry may be furnished ;
(n) the manner and form in which consent shall be signified
to any cancellation, cession, part payment, release
or amendment of or other registrable transaction
affecting any bond .or other document registered in
a deeds registry ;
(o) the conditions under which a copy of a power of
attorney may be accepted by a registrar in lieu of
the original ;
(p) the forms of deeds which shall be used in circumstances
not provided for in this Act ;
(q) the description and form of registers (which may be
loose-leaf registers) to be opened and kept by a
registrar, the particulars contained in any registered
deed which shall be entered in any specified register,
the form in which the particulars required to be
entered in any specified register shall be entered
therein, the form in which the folios of any specified
register shall be framed, the number of folios to be
included in a volume, and the nature and quality of
the covers of the volumes ;
(r) the manner and form in which any records filed in a
deeds registry shall be bound ; and
(s) any matter which under this Act is required or per-
mitted to be prescribed.
(2) Different regulations may be made in respect of the
several deeds registeries and the matters to be dealt with
therein.
(3) Any regulations made under paragraph (g), (h) or (q)
of sub-section (1) shall come into operation within the areas
served by the several deeds registries upon dates to be fixed
by the :Minister by notice in the Gazette.
(4) In making any regulation prescribing the fees and
charges of conveyancers in connection with the preparation
and paRsing of deeds the board may prescribe separate fees
for the preparation and the passing of deeds in the event
of the deedR being prepared by one conveyancer and passed
by another.
(5) Notwithstanding anything contained in section one
of Act No. 29 of 1908 and sub-section (1) of section three of
Act No. 34: of 1908, both of the 'rransvaal, the Governor-
General may; by proclamation in the Gazette, declare the whole
or any part of the regulations published under Government
Notice No. 1498 of 1918, as amended by Government Notice
No. 1631 of 1922, to be no longer of force and effect, and
thereupon the regulations board may make in lieu of those
regulations new regulations in relation to the matters referred
to in sub-section (1) of this section.
(6) The regulations published under Government Notice
No. 14:98 of 1918, as amended as aforesaid shall remain in
force, notwithstanding the repeal of the Deeds Registries
Act, 1918, until they have been declared to be no longer of
force and effect in the manner provided in sub-section (5)
of this section.

CHAPTER II.

REGISTRATION.

Registers.

Pre3cribed ll. (1) The regulations board shall prescribe such personal,
regi"ters. property and other registers as may be necessary to carry
out the provisions of this Act.
(2) In addition to such registers as he may be required
by any other law to keep, each registrar shall as soon as may
be after the commencement of this Act, prepare, open and keep
the prescribed registers.
(3) .Any prescribed register in which any debts secured
by bond~ are entered shall be deemed to be a continuation
 ccxx UNION GAZETTE EXTRAORDINARY, 26TH .MAY, 1937.

of the debt registers kept in any registry prior to the commence-

ment of this Act and any entries made therein shall have
the same effect in Ia w as they would have had if they had been
made in the said debt registers.

Temporary con- 12. Until such time as any prescribed register has been
tinuation of exist- prepared and opened each registrar shall continue to keep
ing registers.
the corresponding register in use in his registry immediately
prior to the commencement of this Act, and to make therein
the like entries as were customarily made therein prior to
such commencement.

General Provisions.
When registration 13. (1) Deeds executed or attested by a registrar shall be
takes place.
deemed to be registered upon the affixing of the registrar's
signature thereto : Provided that no such deed, which is one
of a batch of interdependent deeds, intended for registration
together, shall be deemed to be registered until all the deeds of
the batch have been signed by the registrar.
(2) If by inadvertence the registrar's signature has not been
affixed to a deed at the time at which the signature should
have been affixed in the ordinary course, the registrar may
affix his signature thereto when the omission is discovered,
and the deed shall thereupon be deemed to have been registered
at the time aforesaid.
(3) All endorsements or entries made on title deeds or in
registers in connection with the registration of any deed
executed or attested by a registrar shall be deemed to have
been effected simultaneously with the registration of such deed,
although in fact they may have been made subsequent thereto.
Deeds to follow 14. (1) Save as otherwise provided in this Act or in any
sequence of their other law or as directed by the court-
relative causes.
(a) transfers of land and cessions of real rights therein
shall follow the sequence of the successive trans-
actions in pursuance of which they are made, and if
made in pursuance of testamentary disposition or
intestate succession they shall follow the sequence
in which the right to ownership or other real right
in the land accrued to the persons successively becom-
ing vested with such right ;
(b) it shall not be lawful to depart from any such sequence
in recording in any deeds registry any change in the
ownership in such land or of such real right : Provided
that-
(i) if the property has passed in terms of a will or
through intestate succession from a deceased
person to his descendants, and one or other of
these descendants has died a minor and intestate
and no executor has been appointed in his
estate, transfer or cession of the property which
has vested in that descendant may be passed
by the executor in the estate of the deceased
person direct to the heirs ab intestato of the
descendant ;
(ii) if the registrar is satisfied that the value of the
immovable property which has vested in any
heir or legatee in terms of a will or through
intestate succession would be equalled or exceeded
by the costs involved in transferring or ceding
it to the heir or legatee, and the heir or legatee
has sold the property, transfer or cession thereof
may, with the consent in writing of the heir or
legatee, be passed by the executor in the estate
of the deceased person direct to the purchaser ;
(iii) if in the administration of the estate of a deceased
person any redistribution of the immovable
property in such estate takes place among the
heirs of the deceased or between such heirs and
the surviving spouse, the executor or admini-
strator of such estate may transfer or cede the
property direct to the persons entitled thereto
in terms of such redistribution.

(2) In any transfer or ce,; ion in terms of any proviso to

paragraph (b) of sub-section (1) there shall be paid the transfer
duty and death duties which would have been payable had
the property concerned been transferred or ceded to each
person successively becoming entitled thereto.
 ccxxii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

Preparation of 15. Save as is otherwise provided in any other law, no

deeds by deed of transfer, mortgage bond or certificate of title or registra-
conveyancer.
tion of any kind mentioned in this Act shall be attested, executed
or registered by a registrar unless it has been prepared by a
conveyancer practising within the province within which
his registry is situate. Such conveyancer, whether or not he
practises at the seat of the registry, may recover the fees and
charges to which he may be entitled in accordance with any
regulation made under section ten.
How real rights IS. Save as otherwise provided in this Act or in any other
shall be law the ownership of land may be conveyed from one person
transferred.
to another only by means of a deed of transfer executed or
attested by the registrar, and other real rights in land may be
conveyed from one person to another only by means of a deed
of cession attested by a notary public and registered by the
registrar.
Spec~af provisions 17. (1) All deeds executed or attested by a registrar, or
relatmg to ~omen, attested by a notary public and required to be registered in
a deeds registry, and made by or on behalf of or in favour of
women, shall in each case disclose the full name and status
of the woman concerned, whether unmarried, married, widowed,
or divorced, as the case may be. If the woman is married
the full name of her husband shall also be disclosed, and if
the marriage is governed by the law in force in the Union or
any part thereof it shall be stated whether the marriage was
contracted with or without community of property. If the
marriage is governed by the law of any other country it shall
be stated that the marriage is governed by the law of that
country.
(2) A woman married out of community of property shall
be assisted by her husband in executing any deed or other
document required or permitted to be registered in any deeds
registry or required or permitted to be produced in connection
with any such deed or document, unless the marital power
has been excluded or unless the assistance of the husband is
on other grounds deemed by the registrar to be unnecessary.
(3) Immovable property shall not be transferred or ceded
to a woman married in community of property, save where
such property is by law or by a condition of a bequest or
donation thereof, excluded from the community and the marital
power.
(4) If immovable property not excluded from the community
has at the commencement of this Act been registered in the
name of a woman married in community of property which
still subsists, her husband to whom she is so married may,
unless she has been authorized by an order of court to deal
therewith, alone deal with such property.
(5) If immovable property has been acquired by one or
other of two spouses married in community of property in
such a manner that the said property would on transfer or
cession thereof become part of the joint estate, and the com-
munity has been dissolved by the death of one of the spouses
before the property is transferred or ceded, the property shall
be transferred or ceded to the joint estate of the spouses,
pending liquidation thereof, and shall subject to the provisions
of any disposition affecting the property, be deemed to be the
joint property of the surviving spouse and of the estate of the
deceased spouse.

CHAPTER III.

REGISTRATION OF LAND.

Transfer of Land.

Manner of dt>aling 18. (1) The ownership of unalienated Crown land may be
with Crown land. transferred from the Crown only by a deed of grant issued
under proper authority and, save as hereinafter provided,
having a diagram of the land annexed thereto.
(2) The ownership of land alienated from and reacquired
by the Crown may be transferred from the Crown either by
deed of grant or by deed of transfer issued or executed, as the
case may be, under proper authority, but in either case the
deed of grant or transfer shall contain a reference to the title
deed by which the Crown held the land and to the title deed
to which the diagram of the land is annexed and shall set
forth the conditions upon which the land is alienated and
the rights to the land reserved by the Crown on this alienation.
 ccxxiv UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

(3) If any piece of unalienated Crown land has been surveyed

and is represented on a diagram the registrar concerned shall,
upon written application by the Minister, accompanied by the
diagram of the land in duplicate, enter particulars of the land
in the appropriate registers and execute in the prescribed
form and in accordance with the diagram, a certificate of regis-
tered Crown title thereof prepared by a conveyancer.
(4) Transfer of the ownership of land held by the Crown
under certificate of registered Crown title shall be effected by
deed of grant issued under proper authority, but it shall not
be necessary to annex a diagram of the land thereto: Provided
that the grant shall contain a reference to the certificate and
to the diagram annexed to the certificate.
(5) No deed (other than a deed of grant conveying ownership)
purporting to create or deal with or dispose of any real right
in any piece of unalienated Crown land shall be capable of
registration until a certificate of registered Crown title has been
executed in respect of that piece of land.
Reference to 19. (1) Land situate in the province of the Cape of Good Hope
Crown rights and held on perpetual quitrent tenure under title deeds derived
under Cradock
proclamation in from a grant issued u_nder the provisions of the Proclamation
future deeds. of Sir John Cradock dated the sixth day of August, 1813, and
which tenure has not been converted into freehold, shall,
whether the quitrent has been redeemed or abolished or not,
be described, in any deed conferring title thereto issued,
executed, attested or registered after the commencement of this
Act, as being subject to the reservation in favour of the Crown
of the rights to mine!> of gold, silver and precious stones
mentioned in section four of the said Proclamation.
(2) Notwithstanding anything contained in sub-section (1)
the reservation in favour of the Government, made in section
four of the said Proclamation, of the right of making and
repairing public roads and raising materials for that purpose
on the premises, shall not be deemed to have been in any way
affected or altered.
Form and manner 20, Deeds of transfer shall be prepared in the forms pre-
of execution of scribed by law or by regulation, and, save as in this Act or any
deeds of transfer. other law provided or as ordered by the court in respect of
deeds of transfer executed by the registrar, shall be executed
in the presence of the registrar by the owner of the land described
therein, or by a conveyancer authorized by power of attorney
to act on behalf of the owner, and shall be attested by the
registrar.
Transfer from 21. In any transfer lodged in a deeds registry relating to
joint estate. land which is an asset in a joint estate, the surviving spouse
shall be joined in his personal capacity with the executor of
the estate of the deceased spouse except-
(a) where the executor is only dealing with the share of
the deceased spouse ; or
(b) where the land has been sold to pay the debts of the
joint estate ; or
(c) where there has been a massing of the joint estate
and the surviving spouse has adiatcd.
Transfer of two or 22. (1) Two or more persons each owning a different piece of
more pieces of land land may not transfer those pieces of land to one or more
by one deed. persons by the same deed of transfer, unless such transfer is
authorized by the provisions of a law or by an order of court.
(2) Two or more pieces of land may by one deed be transferred
by one person or by two or more persons holding such pieces
of land in undivided shares, to one person or to two or more
persons acquiring such. pieces of land in undivided shares :
Provided that each piece of land is described in a separate
paragraph.
(3) Two or more portions of a piece of land may by one deed
be transferred by one person or by two or more persons holding
the whole of such piece of land in undivided shares to one
person or to two or more persons acquiring such portions in
undivided shares: Provided that each portion is described
in a separate paragraph in which reference is made to the
diagram of that portion. The diagrams of all such portions
shall be annexed to the deed.
Transfer of un 23. (1) Land held by one person may be transferred by
divided shares in one deed from that person to two or more other persons in
land by one deed. undivided shares.
(2) Land held by two or more persons in undivided shares
may be transferred by one deed from those persons to any
other person, or to two or more other persons in undivided
shares.
 ccxxvi UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

Special provisions 24. (1) No transfer o an undivided share in land which

relatin~ ~ transfer is intended or calculated to represent or purports to represent
ohf undlVlded a defined portion of land shall be capable of being registered.
ares.
(2) If a piece of land is owned by two or more persons in
undivided shares and one or more of such persons acquires
the share or shares of the remaining owner or owners in a
defined portion of that piece of land, all the owners jointly,
including the owner or owners acquiring the share or shares,
may transfer such portion to the person or persons acquiring
it.
Transfer to 25. (1) If land is donated or bequeathed to the children
unascertainecl born or to be born of any person or of any marriage, transfer
children.
of the land on behalf of such children may be passed in the case
of children born or to be born of a person, to that person, and
in the case of children born or to be born of a marriage, to the
person who would be the natural guardian of those children
during their minority.
(2) If land is donated to the children born or to be born
of any person or of any marriage, the person to whom transfer
may be passed in terms of sub-section (1), may for the purposes
of such transfer, accept the donation.
(3) When the identity of all such children has been established
the registrar shall make an endorsement on the transfer deed
setting out their names, whereupon the transfer deed shall
be deemed to be to and in favour of such children in the same
manner as if the transfer had originally been passed to them
by name.
Deeds of partition 26. (1) If two or more persons who own in undivided shares
transfer. the whole of any piece or pieces of land, have agreed
to partition that land, the registrar shall, on production to
him of a power of attorney by such persons authorizing the
passing of deeds of partition transfer of such land in accordance
with the agreement of partition, which agreement shall be
embodied in the power of attorney or annexed thereto, and on
compliance with the further provisions of this section, attest
deeds of partition transfer which shall be as nearly as practicable
in the prescribed form, conveying to the respective owners the
land or shares therein awarded to them under the said agreement.
(2) In the power of attorney or agreement of partition
referred to in sub-section (1) there shall be described-
(a) the land to be partitioned ;
(b) the share or shares registered in the name of each
joint owner;
(c) the land or share therein awarded to each of the
owners;
(d) the conditions (if any) affecting any land or share
therein so a warded ; and
(e) the consideration (if any) given for the purpose of
equalizing the partition.
(3) There shall also be produced to the registrar the title
deeds of the land to be partitioned and the necessary diagrams :
Provided that no new diagram need be produced in respect
of the whole or the remaining extent of any one of the pieces
of land to be partitioned. '
(4) Subject to the provisions of this section, the provisions
of sections twenty, twenty-one, twenty-two and twenty-three shall
mutatis mutandis apply in respect of deeds of partition transfer.
(5) Any deed of partition transfer attested under sub-section
(1) shall in respect of the land therein described take the place
of the deed or deeds by which it was previously held, but the
partition transfer shall not vary or affect the conditions of
tenure of the said land or any other conditions affecting the
said land generally, save in so far as such last-mentioned
conditions may be varied, defined or limited by the agreement
of partition or the consents of interested parties.
(6) The provisions of this section shall mutatis mutandis
apply to a partition of land ordered by the court or determined
by an award of arbitrators.

Requisites where 27. (1) If the share or shares owned by any of the parties
share in land to a partition is mortgaged, the partition transfers shall not
partitioned is be attested unless the bond is produced to the registrar together
mortgaged. with the written consent of the legal h'lder of the bond, to the
 ccxxviii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

partition and to the substitution of the land awarded on

partition to the mortgagor for the share or shares mortgaged.
(2) In registering the transfer the registrar shall-
(a) endorse on the bond that the land awarded to the
mortgagor has been substituted for the share or
shares mortgageu ;
(b) make an entry of the substitution in the registers ;
and
(c) endorse on the transfer that the land described therein
is, in accordance with this section, mortgaged by the
bond.
(3) If only a fraction of the share or shares owned by any
of the parties to a partition is mortgaged, the substitution
referred to in this section shall only take place in respect of
the fraction so mortgaged, if from the agreement of partition
or from other evidence it appears that a defined portion or
share therein has been separately awarded in respect of such
mortgaged fraction.

Requisites where 28. (1) If the share or shares owned by any of the parties to
share in land par- a partition appear from the title deeds of the land partitioned
titioned is subject to be subject to a lease, personal servitude or other real right,
to other rights.
the written consent of the holder thereof, together with the deed,
if any, by which the lease, servitude or real right is held, shall
be produceu to the registrar.
(2) The land described in the deeds of partition transfer
shall be made subject to the lease, servitude or real right
to the same extent as the share or shares for which it is sub-
stituted, and the deed, if any, by which the lease, servitude
or real right is held, shall be endorsed by the registrar in the
same manner as the bond mentioned in section twenty-seven.
(3) If there exists any bond by which the lease, servitude
or real right is itself mortgaged, that bond shall also be produced
to the registrar, together with the written consent of the
legal holder thereof, and the registrar shall make the endorse-
ments and entries mentioned in section twenty-seven on the
bond, the deeds concerned and in the registers.

Effect of compli- 29. Upon completion of the endorsements and entries

anc~ with mentioned in sections twenty-seven and twenty-eight the land
sectwns 2 7 and 28 described in the deeds of partition transfer, and the lease,
personal servitude or real right (if any) shall be deemed to be
as fully and effectually mortgaged as if they had been hypothe-
cated by the bond at the time of its execution and the said land
shall be deemed to be as fully and effectually encumbered
by the said lease, personal servitude or real right as if it had
been encumbered thereby at the time of the registration thereof.
Partition of land 30. (1) Any piece of land the whole or any share of which
subject to fidei is subject to a fidei commissum may, where partition has not
commissum.
been prohibited, be partitioned with the written consent
of the fidei commissary heirs or successors if they are ascer-
tained and are majors and otherwise competent; if they are
ascertained but any of them are minors, the consent of the
Master shall be produced in respect of the minors; if they are
ascertained but any of them have been declared insolvent,
or if they are under curatorship or otherwise under disability
the consent of their trustees or curators or other legal repre-
sentatives shall be produced on their behalf ; if they are not
ascertained or if they cannot be found, proof shall be produced
to the satisfaction of the registrar that the land awarded in the
agreeement of partition to the owner of any share subject
to the fidei commissum is an equivalent of that share.
(2) The land so awarded shall in the deed of partition transfer
be made subject to the fidei commissum in the same manner
as the corresponding share was in its title deed made subject
thereto before partition.

Transfer of expro 31. (1) Whenever any land has, under the authority of any
priated land byor law, been expropriated by, and whenever the ownership of
land vested
statute. any land has by statute been vested in, the State, any public
or local authority or any corporate body or any association
of persons, the registrar shall, upon lodgment with him of a
deed of transfer in the prescribed form prepared by a con-
veyancer in favour of the transferee, execute the same, and if
the land is hypothecated, he shall note the fact of such transfer
against the entry of the bond in the register in which such
entry has been made : Provided that no such transfer shall
 ocxxx UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

prejudice any claim to compensation which any owner or other

person may have in respect of the change of ownership of
such land.
(2) The transferee shall produce the title deeds of such
land to the registrar together with the aforesaid deed of transfer,
and the registrar shall thereupon note the transfer on such
title deeds. Failing the production of such title deeds, the
transferee shall produce to the registrar an order of court
referred to in sub-section (3).
(3) The owner of such land shall, upon demand, hand over
his title deeds to the transferee and if he fails to do so, the
transferee may apply to court for an order directing the owner
to do so, and authorizing the registrar to execute the aforesaid
deed of transfer without the production of the said title deeds,
if the owner should fad to comply with such order.
(4) The registrar shall not execute the said deed of transfer
unless he is satisfied that any notice prescribed by or under
any law in connection with the change of ownership of such
land has been duly served upon the person entitled to such
notice, and may call for such diagrams as he may think
necessary.
(5) No deed purporting to transfer such land or to create
or deal with any real right therein shall be registered in a
deeds registry until transfer thereof has been passed in ac-
cordance with sub-section (1).

Registration of 32. (1) Whenever any right of servitude over any land
expropriated ser has under the authority of any law been expropriated by, or
vitudes or servi- has by statute been vested in the State, any public or local
tudes vested by
statute. authority or any corporate body or any association of persons,
the owner of the land shall on demand of the holder of such
right sign or authorize the signature of a notarial deed evi-
dencing such servitude and hand over to such holder the title
deeds of the land.
(2) If the owner of the land fails to comply with the pro-
visions of sub-section (1), the holder of the right of servitude
may apply to the court for an order directing the owner to
sign or authorize the signature of the notarial deed and to
hand over the title deeds, and authorizing some person on
failure of the owner to comply with such order, to appear
before a notary public and execute the said deed in the place .
of the owner, and authorizing the registrar to register the said
deed without the production of the title deeds.
(3) On production of the prescribed number of copies of
the said deed duly executed and of the title deeds or of the
order of court authorizing registration of such deed without
production of the title deeds, the registrar shall register the
deed, and if the land is hypo theca ted, shall note the fact of
such registration against the entry of the bond in the register
in which such entry has been made : Provided that no such
registration shall prejudice any claim to compensation which
any owner or other person may have in respect of the expro-
priation or vesting of such servitude.
(4) The registrar shall not register the said deed unless he
is satisfied that any notice prescribed by or under any law in
connection with the expropriation of such servitude, has been
duly served upon the person entitled to such notice, and may
call for such diagrams as he may think necessary.
Registration of 33. (1) Any person who has acquired in any manner, other
title by. other than than by prescription or expropriation, the right to the owner-
t~c~~dmary ship of immovable property registered in the name of any other
P ure. person and who is unable to procure registration thereof in
his name in the usual manner and according to the sequence
of the successive transactions or successions in pursuance of
which the right to the ownership of such property has devolved
upon him, may, in lieu of applying to the court, apply in writing
to the commission constituted in terms of this section for the
province in which such property is situate, for an order author-
izing the registration in his name of such property.
(2) (a) The commission referred to in sub-section (1) shall
consist-
(i) in the province of the Transvaal, of the registrar
of deeds, the registrar of mining titles, and the
surveyor-general ;
(ii) in the province of the Cape of Good Hope, of
the registrar of deeds at Cape Town, the surveyor-
general, and the Master of the Supreme Court ;
and
. ccxxxii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937 .

. (iii) in the provinces of the. Orange Free State and

Natal, of the registrar of. deeds, the surveyor-
. general and the Master of the Supreme Court.
(b) The said commission shall have all the powers, juris-
diction and privileges described in the Commissions
Powers Ordinance, 1902, of the Transvaal, and the
provisions of the said Ordinance shall mutatis mutandis
apply in respect of it.
(3) In the provinces of the Transvaal, the Orange Free State
and Natal, the registrar of deeds, and in the province of the
Cape of Good Hope, the registrar of deeds at Cape Town,
shall be chairman of the commission.
(4) All applications under this section shall be made to
the chairman of the commission concerned.
(5) The applicant shall submit, together with his application,
sworn declarations and all available documentary evidence
in support thereof.
(6) (a) Particulars of any such application received by
the chairman of the commission concerned, shall
be published at the expense of the applicant in
three successive ordinary issues of the Gazette, and
once every week during three successive weilks in one
or more newspapers circulating in the p_istrict or
other area in which the property concerned is
situate.
(b) Any person objecting to the granting of such appli-
cation shall within a period of two months from the
date of the first publication in the Gazette or in a
newspaper, whichever be the later date, or within
such extended period as the commission may on
application allow, submit in writing to the chairman
of the commission full particulars of the grounds upon
which his objection 1s based, together with any sworn
declarations or documentary evidence which he may
be able to produce in support of his objection.
(7) (a) Upon the expiration of the period mentioned in
sub-section (6) the commission concerned shall
enquire into the application and the objections, if
any, lodged thereto, and shall, if satisfied that the
applicant is entitled to the ownership of the property
to which the application relates, order the registrar
of deeds to register the said property in the natne of
the applicant subject to the conditions, if any,
mentioned in the order.
(b) The commission may make such order as to the costs
of or in connection with the application or the
objections thereto as it may deem just and such costs
may be taxed and any such order enforced in the
same manner as if the order were an order of court.
. (8) (a) Any order made under this section by a commission
on a registrar of deeds shall be subject to an appeal
to the court.
(b) Notice of such appeal shall be given, within fourteen
days of the date of the order, to the chairman of
the commission, the registrar of the court and any
other party concerned.
(c) The registrar of deeds to whom the order is directed
shall not act thereon until the aforesaid period allowed
for noting an appeal has expired, or, if an appeal
has been noted, until such appeal has been determined
in favour of the respondent or has been withdrawn.
(9) Subject to the terms of any order made under this section
any deed of transfer passed in pursuance of such order shall
be passed subject to every condition, servitude, bond or other
encumprance to which, according to the records of the deeds
registry the property to which the application relates, is
subject, and the registrar shall, in connection with such con-
dition, servitude, bond or other encumbrance, make the usual
and proper entries and endorsements upon or in respect of
such deed of transfer in his registry, before such deed is delivered
to the applicant.
(10) A registration of immovable property made in the name
of any person in pursuance of an order made under this section
shall have the effect of vesting such person with a title to such
property which shall be liable to be annulled, limited or altered
on every ground on which the title of such person to such
property would have been liable to be annulled, limited or
 ccxxxiv UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

altered if such property had been transferred to such person

in the ordinary course.
(11) If in pursuance of any order made under this section
the registrar of deeds registers any property in the name
of any person, such person shall be liable to pay such taxes,
duties and fees of office in respect of such registration as he
would have been liable to pay if such property had been
transferred to him in the usual manner directly from the last
registered owner thereof, and shall not be liable to pay any
tax, duty, quitrent or interest thereon which such owner or
any intermediate holder of the right to such property may
have become liable to pay, unless he shall by agreement have
bound himself to pay such tax, duty, quitrent or interest,
or unless the delay in obtaining the registration in his name
was due to the neglect or default of himself or his agent :
Provided that any person who has become liable to pay any
such tax, duty, quitrent or interest shall continue to be so
liable notwithstanding that such property has, in pursuance of
an order made under this section, been registered in the name
of another person.
(12) Upon production to the registrar of deeds of any order
made under this section and of a certificate by the proper
officer as to the payment of the transfer duty, if any, which
the person named in the order is liable to pay; and on compliance
with any other requirements which have under this Act or
any regulation made thereunder, to be complied with, the
registrar shall register such property in accordance with the
said order, by executing a deed of transfer thereof in the pre-
scribed form in favour of the person named in the order.

Substituted Title Deeds.

Certificate of 34. (1) Any person who is the joint owner of a piece of
registered title of land the whole of or shares in which is or are held by such
undivided share.
person and others under one title deed, may, subject to the
provisions of section thirty-seven, obtain a certificate of registered
title of his undivided share in such land, and no transfer of
a fraction only of his undivided share or hypothecation or
lease of the whole or any fraction of his undivided share in
the land shall be registered in a deeds registry unless a certificate
of registered title of such undivided share is produced to the
registrar: Provided that all the joint owners so holding under
one title deed may together transfer an undivided share in
the land or a fraction of the share held under such deed or
hypothecate or effect the registration of a lease of the whole
of such land or share without the production of such a certificate.
(2) If the title deed under which land or shares therein is
held in joint ownership is lost or destroyed any joint owner may,
upon compliance with the prescribed requirements, obtain
a certificate of registered title in respect of his share in the land
without obtaining a certified copy of the deed which has been
lost or destroyed.
(3) The provisions of sub-sections (1) and (2) shall apply
also where two or more pieces of land or shares therein are
held in joint ownership by the same title deed: Provided that
all the pieces of land or the shares therein shall be included
in the certificate of registered title and shall be described in
separate paragraphs.

Certificate of 35. Any person who is, by virtue of more than one title
registered title of deed, the owner of undivided shares in one or more than one
aggregate share. piece of land may, subject to the provisions of section thirty-
seven, obtain a certificate of registered title in respect of his
aggregate share in the land: Provided that if there are two
or more pieces of land the several pieces of land or shares
therein shall be described in separate paragraphs.

Certificate of 36. Any person who holds two or more pieces of land, or
registered title undivided shares therein, by one title deed may, subject to
of one or more the provisions of section thirty-seven, obtain a certificate of
properties held
tmder one deed. registered title in respect of one or more of such pieces of
land or of the undivided share or shares held by him therein:
Provided that at least one of the pieces of land or the share
therein held by such deed remains held thereby.

Conditi.ons 37. (1) A certificate of registered title mentioned in section

~ovemmfg ti?-e thirty-four, thirty-five or thirty-six may be obtained upon written
1ssue
of o cert16 cates
registered title app]'1cat'10n b y th e owner t o th e regis t rar accompame
d , save
as provided in sub-section (2) of section thirty-Jour, by the
 ccxxxvi UNION GAZETTE EXTRAORDINARY, 26TH MAY. 1937.

,.tie deed of the land and shall be as nearly as practicable in

the prescribed form.
(2) If the property concerned is subject to a registered mort-
gage bond or to any registered deed of lease or other registered
deed whereby any real rights in the land are held by other
persons, that bond or other deed shall be produced to the
registrar by the holder thereof, upon the request and at the
expense of the applicant for the certificate of registered title.
(3) Before issuing any such certificate the registrar shall
cause to be made upon the title deed or deeds in question and
the registry duplicates thereof or in the case provided in sub-
section (2) of section thirty-four, upon the registry duplicate
only, and upon the mortgage bond or other deed (if any) an
endorsement that a certificate of registered title has, in accord-
ance with the appropriate section of this Act, been substituted
for the said title deed or deeds in respect of the property in
question. The registrar shall further make entries in the regis-
ters of the issue of the certificate and shall, if the property is
mortgaged, endorse that fact upon the certificate.
(4) Any such certificate when issued shall in respect of the
property described therein take the place of the title deed or
deeds by which such property was previously held and the issue
of the certificate shall not in any manner affect any right or
obligation in connection with such property.

Certificate of 38. (1) If the title deed of any land has been lost or destroyed
registered title and the registry duplicate of such title deed has also been lost
taking place of or destroyed, the registrar shall, on written application by
lost or destroyed the owner of the land, accompanied by a diagram of the land,
deed.
if no diagram thereof is filed in the registry or in the office
of the surveyor-general concerned, execute a certificate of
registered title in respect of such land in accordance with the
diagram of the land.
(2) Before issuing the certificate the registrar shall, at the
expense of the applicant, publish in the prescribed form notice
of intention to issue the certificate in two consecutive ordinary
issues of the Gazette and in two consecutive issues of a newspaper
printed in the division, district or county in which the land
is situate, or if there is no such newspaper theninanynewspaper
circulating in such division, district or county.
(3) A draft of the proposed certificate and a copy of the
diagram, if any, accompanying the application, shall be
open for inspection in the registry free of charge by any
interested person, for a period of six weeks after the date of
the first publication of the notice in the Gazette, .during which
period any person interested may object to the issue of the certi-
ficate.
(4) Any person who has lodged with the registrar an
objection to the issue of the certificate may, in default of any
arrangement between him and the applicant, apply to the court
within one month after the last day upon which an objection
may be lodged, for an order prohibiting the registrar from
issuing the certificate, and the court may make such order
on the application as it may deem fit.
(5) A certificate of registered title issued under this section
shall be as nearly as practicable in the prescribed form and shall
take the place of the lost or destroyed title deed and shall
embody or refer to every condition, servitude, bond, lease or
other encumbrance which according to the records of the registry
was embodied or referred to in the lost or destroyed title deed
or in any endorsement thereon.

Certificate of 39. (1) If by reason of an error the same land has been
registered title registered in the names of different persons, the registrar may,
to correct error upon transfer of the land being given to one of them by
in registration. the other or others, issue to the person to whom transfer is so
given a certificate of registered title of the land held by him
under the various title deeds.
(2) The provisions of section thirty-seven shall mutatis
mutandis apply in respect of the issue of such certificate.
Ce:tificate of con 40. (1) If a diagram has been framed and approved under
so!Idadtedd '?r f the provisions of section forty-one of the Land Survey Act,
amenoremore
two t1tlepieces
o 1927, an d sue h d'1agram represents two or more p1eces
of 1an d
of land. which are-
(a) contiguous to each other;
(b) owned by the same person or by two or more persons
in the same undivided shares in each such piece of
land;
ccxxxviii UNION GAZETTE EXTRAORDINARY, 26:ru MAY, 1937.

(c) held on similar conditions of tenure;

(d) registered in the same property register ; and
(e) situate in the same district, division or county,
the title deed or deeds of the said pieces of land may on com-
pliance with the requirements of this section be superseded
by a certificate of consolidated title issued by the registrar
in the prescribed form.

(2) If any diagram representing such pieces of land as are

mentioned in sub-section (1) has been framed and approved
under the provisions of any other section of the aforesaid
Act, the title deed or deeds of the said pieces of land may
on compliance with the requirements of this section be super-
seded by a certificate of amended title issued by the registrar
in the prescribed form.

(3) Every such certificate shall be in accordance with the

new diagram and shall be issued on written application by the
owner or owners of the pieces of land concerned accompanied
by the title deed or deeds thereof, any bond thereon, and any
registered deed of lease or other registered deed whereby any
real right in the land is held by any otlJCr person, together
with the written consent of the holder of any such bond, lease
or right.

(4) In registering the certificate the registrar shall endorse

on. the title deed or deeds that they have in respect of the
land described in the certificate been superseded by the certi-
ficate, and on the certificate that the land therein described
or the share thereof referred to in such endorsement, is mort-
gaged by such bond, or subject to such lease or right, unless
this appears from the certificate itself, and shall make such
endorsements on the bond or other deed and such entries in
the registers as shall clearly indicate that the land is now
owned by virtue of the certificate and that the land or such
share thereof is subject to such bond, lease or right.

(5) If portion only of the land represented on the new

diagram is mortgaged or if different portions of such land are
mortgaged under different bonds,. the certificate may not be
issued unless the bonds are cancelled.

(6) (a) If portion only of the said land is subject to any

registered deed of lease or other registered deed other
than a bond, whereby any real right in the land is
held by any other person, the certificate shall not be
issued unless a diagram of such portion is already
annexed to the said registered deed, or, if no such
diagram is so annexed, unless a diagram in duplicate
(or triplicate if required by the registrar) of such
portion is produced.

(b) The said diagram shall be annexed to the registered

deed aforesaid and the registry duplicate thereof,
and shall be mentioned in any endorsement made
on or reference made in the certificate concerning
such registered deed.

(7) The provisions of this section shall also apply mutatis

mutandis to a consolidation or amendment of title of the
whole of one or more of such pieces of land as are described in
sub-section (1) and any defined portion of any other such
piece of land, and to a consolidation or amendment of title
of defined portions of two or more such pieces of land : Provided
that such pieces of land or portions in respect of which the consoli-
dation or amendment of title takes place, shall be contiguous
to one another, and that the extent of each portion shall
be disclosed on the diagram.

(8) No diagram representing a combination of portions

of two or more pieces of land shall be accepted in a deeds
registry for purposes of transfer until a certificate of con-
solidated or amended title has been issued for the land repre-
sented on such diagram.

(9) More than one combination of portions of two or more

pieces of land, each of which combinations is represented
on a separate diagram, may be included in one certificate of
consolidated or amended title : Provided that each combination
is described in a separate paragraph therein.
 ccxl UNION GAZETTE EXTRAORDINARY, 26TH 1\IAY, 1937.

Certificate of 41. (1) A certificate of amended title in the prescribed

amended title of form may also be issued by the registrar in respect of any
one piece of land.
one piece of land where rectification of title is required in
consequence of a survey or re-survey of such land as provided
in the Land Survey Act, 1927.
(2) The provisions of sub-sections (3) to (6) inclusive of
section forty shall mutatis mutandis apply in respect of such
certificate.
Certificate of 42. (1) If the owner of two or more pieces of land which
l1niform title. are-
(a) contiguous to each other;
(b) situate in the same district, division or county;
(c) registered in the same property register ; and
(d) held on different conditions of tenure, or subject to
different rights reserved in favour of the Crown,
desires to consolidate his title in respect of those pieces of land
on uniform conditions of tenure or subject to the reservation
of uniform rights in favour of the Crown, the title deeds of the
said pieces of land may, with the written consent of the Minister
and on compliance with the provisions of this section, be
superseded by a certificate of uniform title issued by the
registrar, in the prescribed form, subject to such uniform
conditions of tenure or to the reservation of such uniform rights
in favour of the Crown, as are set forth in such written consent.
(2) The provisions of sub-sections (3) to (6) inclusive of section
forty shall mutatis mutandis apply in respect of such certificate.
(3) The Minister may agree with the owner as to the afore-
said uniform conditions of tenure or uniform rights in favour
of the Crown, and may consent to the issue of a certificate
of uniform title.
(4) If the said land is subject to any bond or if the said land
or any portion thereof is subject to any registered deed of lease
or other registered deed whereby any real right in the land is
held by any other person, there shall be produced to the registrar
the written consent of the holder of any such bond, lease or
right to the issue of the certificate of uniform title and to the
uniform conditions of tenure or uniform rights in favour of
the Crown, which may have been agreed upon.
(5) The provisions of this section shall mutatis mutandis apply
in respect of land comprising portions which are held on different
conditions of tenure or subject to different rights reserved in
favour of the Crown, and the title to which has been consolidated
prior to the commencement of this Act.

Certificate of 43. (1) If a defined portion of a piece of land has been

regis.tered title. of surveyed and a diagram thereof has been approved by the
portwn of a pwce surveyor-general concerned, the registrar may on written
of land. application by the owner of the land accompanied by the
diagram of such portion, the title deed of the land, any bond
thereon and any registered deed of lease or other registered
deed whereby any real right in the land is held by any other
person and the written consent of the holder of any such
bond, lease or right, issue a certificate of registered title in
respect of such portion, as nearly as practicable in the pre-
scribed form.
(2) In registering the certificate the registrar shall endorse
on the title deed that it has been superseded by the certificate
in respect of the land described in the certificate, and on the
certificate that the land described therein is mortgaged by the
bond, or that it is subject to such lease or right, unless this
appears from the certificate itself, and shall make such endorse-
ments on the bond and other deed and such entries in the
registers as shall clearly indicate that the land is now owned
by virtue of the certificate and is subject to such bond, lease
or right.
(3) The provisions of this section shall also apply where
two or more defined portions of a piece of land have been
surveyed and the diagrams thereof approved: Provided that
each of such portions shall be described in a separate para-
graph in the certificate.
(4) No defined portion of a piece of land shall be mortgaged
until the owner thereof has obtained a certificate of registered
title in respect of such portion in accordance with the provisions
of this section.
 ccxlii UNIO~ G"\ZE'l'TE EX'l'ltAORDINARY, ::?6Tn .:\lAY, l!J:J7.

Change of title by endorsement.

Rectification of 44, (1) If rectification of title is required in respect of any
title by endorse- one piece of land in consequence of a survey or re-survey of
ment.
such land or of the correction of any error in the diagram thereof
under the Land Survey Act, 1927, the registrar may, on written
application by the owner of the land accompanied by the title
deed and the new or the corrected diagram thereof, any bond
thereon and any registered deed of lease or other registered
deed whereby any real right therein is held by any other
person and the written consent of the holder of such bond,
lease or right, endorse on the title deed in the prescribed
form a description of the land according to the new or corrected
diagram, which description shall supersede the description
already appearing in the title deed.
(2) If a new diagram is produced the registrar :shall in
making the said endorsement substitute the new diagram
for the old one in the manner prescribed.
Transfer or cession 45. (1) If immovable property or a bond is registered in
by means of a deeds registry in the name of the survivor of two spouses
endorsement.
who were married in community of property or in the name
uf the joint estate of ;mch spouses and such survivor has law-
fully acquired the share of the deceased spouse in the property
or bond, the registrar shall on written application by such
survivor and by the executor in the estate of the deceased
spouse, accompanied by such other documents as may be
prescribed, endorse on the title deeds of the property or on
the bond that the survivor is entitled to deal with such property
or bond, and there:upon such survivor shall be entitled to deal
therewith as if he had taken formal transfer or cession into his own
name of the share of the deceased spouse in the property or bond.
(2) If the immovable property mentioned in sub-section (1)
is hypothecated under a registered mortgage bond the endorse-
ment provided for in the said sub-section shall not be made
unless-
(a) such bond is cancelled ; or
(b) the said property or the share of the deceased spouse
therein is released from the bond ; or
(c) the said bond has been passed by the survivor alone
and a written consent (which shall be in duplicate, in
the prescribed form and signed by the survivor and
the legal holder of the bond) to the release of the
estate of the deceased spouse from liability under
the bond and to the substitution of the survivor as
sole debtor in respect thereof, is produced to the
registrar together with the bond.
(3) The registrar shall, in any case of release and substitution
in terms of paragraph (c) of sub-section (2), when he endorses
on the title deeds of the property that the survivor is entitled
to deal therewith-
(a) make in the appropriate register an entry setting
forth that the estate of the deceased spouse is released
from liability in respect of the obligation secured by
the bond and that the survivor has become sole
debtor in respect of the bond ;
(b) annex one duplicate of the written consent referred
to in the said paragraph to the bond and file the other
with the registry duplicate of the bond; and
(c) endorse on the bond that the estate of the deceased spouse
is released from liability in respect of the obligation
secured thereby and that the survivor has become
sole debtor in respect of the bond.
(4) As from the date of the endorsement on the title deeds
of the property in terms of sub-section (1), the estate of the
deceased spouse shall be absolved from any obligation secured
by the bond and the survivor shall become sole debtor in
respect thereof in the same manner as if he had passed the
bond at that date.

CHAPTER IV.

Townships and Settlements.

ltequirements in 46. (1) If land has been sub-divided into lots or erven
~~~isi~'::eot~a:;b sho w nf on. ah general pflanh, the owner of tthe hland ~utb-dividhed
into lots or erven. sha11 urms a copy o t e genera1 p1an o t e reg1s rar, w o
 ccxliv UNION GAZETTE l<JXTHAORDINARY, 26TII l\IAY, 1937.

shall, subject to compliance with the requirements of this

section and of any other law, register the plan and open a
register in which all registrable transactions affecting the
respective lots or erven shown on the plan shall be registered.
(2) For the purposes of registration of such a general plan
the title deed of the land which has been sub-divided shall be
produced to the registrar together with the diagram thereof.
(3) If the land sub-divided as shown on the general plan
forms the whole of any registered piece of land held by the
title deed, the registrar shall make upon the title deed and the
registry duplicate thereof an endorsement in the prescribed
form indicating that the land has been laid out as a township
or settlement, as the case may be, in accordance with the plan,
and that the lots or erven shown on the plan are to be registered
in the relative register.
(4) If the land sub-divided as shown on the general plan
forms a portion only of any registered piece of land held by
the title deed the registrar shall, on written application by
the owner of the land, issue a certificate of township or settle-
ment title in his favour in respect of the said portion as nearly
as practicable in the prescribed form and in accordance with
a diagram thereof.
(5) If the land sub-divided as shown on the general plan
comprises the whole or portions of two or more registered
pieces of land, the registrar may require the owner to obtain
a certificate of consolidated or amended title of the land so
sub-divided. The registrar shall make on such certificate the
endorsement mentioned in sub-section (3).
(6) The provisions of section forty-three and of sub-sections
(3) to (6) inclusive of section forty shall respectively and mutatis
mutandis apply in respect of the certificates of township or
settlement title mentioned in sub-section (4), and the certificates
of c_onsolidated or amended title mentioned in sub-section (5).

Transfer of town- 47. The owner of land in respect of which a register has been
ship or portion opened under section forty-six may transfer, by one deed, the
thereof.
whole or any portion of such land or a share in the whole
of such land: Provided that-
(a) if a portion only of the land is sought to be trans-
ferred-
(i) the transfer shall be passed in accordance with
a diagram (to be annexed to such deed) from
which shall be excluded all erven on the land
represented thereon which have already been
transferred, and on which the total area of such
transferred erven shall be indicated;
(ii) the boundaries of such portion shall coincide with
one or more of the lines of division shown on the
general plan and shall not intersect any of the
erven shown thereon ;
(b) if the remainder of the land is sought to be trans-
ferred there shall be produced to the registrar a
certificate of remainder signed by the surveyor-
general ; and
(c) the deed of transfer shall disclose that the land con-
veyed thereby has been laid out as a township or is a
portion of land so laid out, that such land remains
subject to the provisions of the law relating to town-
ships, and, if any public place or portion thereof in
such township forms part of the land transferred,
that the rights of owners of erven and of other persons
to such public place are not affected by such transfer.

Special prov1s1ons 48. If any land situate in the area served by the Rand town-
affecting mort- ships registration office at Johannesburg has been sub-divided
gaged land in
Rand townships into lots or erven shown on a general plan, which has, in terms
registration area. of section forty-six been furnished to the Rand townships
registrar, and if that land is mortgaged together with other
land registered in the deeds registry at Pretoria but not in the
Rand townships registration office, every transaction affecting
the bond shall be registered in both the deeds registry at
Pretoria and the Rand townships registration office.

Special provisions 49. (1) If any area of land in the province of the Transvaal
regarding town-
ships in the
constitutes by reason of its situation a portion of an existing
Transvaal. township, the Administrator may, by proclamation in the
official Gazette of that Province, extend the boundaries of that
 ccx1vi UNION GAZET'rE EX'rRAORDlNARY, 26TH :MAY, 1937.

township to include such area, and thereupon such area of

land shall be deemed to be and shall be registered as an erf
in that township.
(2) If that township is situate in the area served by the
Rand townships registration office at Johannesburg, the
registrar at Pretoria shall furnish the Rand townships registrar
with certified copies of the title to the land to be included in
such township and of all deeds affecting it, and the Rand
Townships registrar shall thereupon enter the same in the
appropriate registers.

CHAPTER V.

BONDS.

General Provisions.

Execution of 50, (1) A mortgage bond shall be executed in the presence

bonds. of the registrar by the owner of the immovable property therein
described or by a conveyancer duly authorized by such owner
by power of attorney, and shall be attested by the registrar.
(2) A bond may be registered to secure an existing debt or
a future debt or both existing and future debts.
(3) Bonds intended to secure loans for building purposes
shall be deemed to be bonds to secure existing debts. ,
(4) If in a bond purporting to secure a future debt the
amount of an existing debt is mentioned, such existing debt
shall be deemed to be secured as part of the maximum amount
intended to be secured by the bond.
(5) Save as authorized by any other law or by order of the
Court, debts or obligations to more than one creditor arising
from different causes may not be secured by one bond.

Requirements in 51. (1) Except where passed, in Natal or the Orange Free
case of bonds State, on the authority of a power of attorney granted prior
intended to secure to the commencement of the Deeds Registries Act, 1918,
future debts.
or in the Transvaal on the authority of a power of attorney
granted prior to the commencement of the Registration
of Deeds and Titles Act, 1909 (Act No. 25 of 1909)
of the Transvaal, which power of attorney has in either
case been duly registered in terms of sub-section (2)
of section fifty of the first-mentioned Act, no bond attested
or registered after the commencement of this Act shall be
of any force or effect for the purpose of giving preference
or priority in respect of any debt incurred after the registration
of the bond, unless-
(a) it is expressly stipulated in the bond that the
bond is intended to secure future debts generally or
some particular future debt described therein ; and
(b) a sum is fixed in the bond as an amount beyond which
future debts shall not be secured by the bond.
(2) If a bond purports to secure payment by the mortgagor
of the costs of preserving and realising the security or of fire
insurance premiums, cost of notice or bank exchange, such
costs and charges shall not be deemed to be future debts within
the meaning of sub-section (1).

Cession of bond 52. No cession of any bond intended to secure future debts
securing future shall be registered unless the amount already due in respect
debts. thereof is disclosed in the cession. On registration of such
cession the bond shall be deemed to be a bond securing an
existing debt of the amount so disclosed and shall be endorsed
accordingly.

Exclusion of 53. (1) Save as provided in any other law the reg1strar
general clause in shall not attest any mortgage bond which purports to bind
mortgage bonds. movable property or which contains the clause, commonly
known as the general clause, purporting to bind generally all
the immovable or movable property of the debtor or both
and shall not register any notarial bond which purports to bind
immovable property.
(2) No mortgage bond shall be passed by two or more
mortgagors unless it purports to bind immovable property of
each morigagor.
 ccxlviii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

No bond to be 54. No bond shall be passed in favour of any person as the

passed in favour agent of a principal.
of an agent.

Requirements in 55. (1) If a bond is passed by two or more mortgagors

case of bonds . no release of one mortgagor or of his property from the bond
passed by
favour twom or may b e reg1stere
of or d Wit
h out t h e wntten
consent of t h e ot h er
more persons. mortgagor or mortgagors.
(2) No bond may be passed in favour of two or more persons
in which it is stipulated that the share of one holder shall
rank prior in order of preference to the share of another, nor
may any transaction be registered which would have the
effect of giving preference to one share in a bond over another
share.

Rights of Mortgagees.
Transfer of 56. (1) No transfer of mortgaged land shall be attested or
hypothecated executed by the registrar, and no cession of a mortgaged
immovable
property. lease of immovable property, or of any mortgaged real right
in land, shall be registered until the bond has been cancelled
or the land, lease, or right has been released from the opera-
tion of the bond with the consent in writing of the holder
thereof: Provided that no such cancellation or release shall be
necessary if the transfer or cession is made-
(a) in execution of the judgment of any court by the
competent officer ; or
(b) by the trustee of an insolvent estate, an executor
administering and distributing an estate under
sub-section (3) of section forty-eight of the Adminis-
tration of Estates Act, 1913, the liquidator of a
company which is unable to pay its debts and which
is being wound up by or under the supervision of the
court or a liquidator or trustee elected or appointed
under the Farmers' Assistance Act, 1935; or
(c) in any other circumstances in this Act or in any other
law specially provided or as ordered by the court.
(2) A consent to the release from the operation of a bond
of all the property mortgaged thereunder shall, except where
the debt secured by such bond is further secured by a col-
lateral bond, be deemed to be a consent to the cancellation
of that bond.

Substitu~ion of 57. (1) If the owner (in this section referred to as the
debtor m respect transferor) of land which is hypothecated under a registered
of a bond. mortgage b ond (no t b emg
a person re f erre d to m
paragrap h
(b) of sub-section (1) of section fifty-six) has agreed to transfer
to another person the whole of the land hypothecated there-
under, and has not reserved any real right in such land, the
registrar may, notwithstanding the provisions of sub-section
(1) of the said section, register the transfer and substitute the
transferee for the transferor as debtor in respect of the bond :
Provided that there is produced to him, in duplicate, the
written consent in the prescribed form of the holder of the
bond and the transferee to the substitution of the transferee
for the transferor as the debtor in respect of the bond.
(2) In registering the transfer the registrar shall-
(a) make, in the appropriate register in the prescribed
form-
(i) an entry setting forth that the debt of the trans-
feror secured by the bond is cancelled ; and
(ii) an entry setting forth that the transferee has
become the debtor in respect of the bond ;
(b) annex one duplicate of the written consent referred to
in sub-section (1) to the bond and file the other with
the registry duplicate thereof ;
(c) endorse upon the bond in the prescribed form-
(i) the name of the transferee ;
(ii) the date and number of the transfer;
(iii) a reference to the said written consent; and
(iv) that the transferee has been substituted for the
transferor as debtor in respect of the bond; ~nd
(d) make on the transfer deed an endorsement of mortgage
containing the date and number of the bond and the
amount due in terms thereof.
 eel UNION GAZETTE EXTltAORDINARY, 26TI! l\IAY, 1937.

(3) As from the date of the transfer deed the transferor

shall be absolved from any obligation secured by the bond
and the transferee shall be substituted for him as the debtor
in respect of such bond and shall be bound by the terms
thereof in the same manner as if he had himself passed the
bond and had renounced therein the benefit of all relevant
exceptions.
(4) The provisions of this section shall not apply if the
mortgaged land is to be transferred-
(a) to a person who would not himself be competent to
mortgage it; or .
(b) to two or more persons, unless they take transfer of
the land in undivided shares and renounce, in the
written consent referred to in sub-section (1) the
exception de duobus vel pluribus reis debendi ; or
(c) to a married woman, unless she renouncet!, in the
said written consent, any special legal exceptions
which she would otherwise be entitled to raise.
Heturns by master 58. (1) If it appears from the liquidation account of any
in connection with estate which has been sequestrated or from the vouchers
insolvent estates
and further pro.
relating thereto that a payment has been made to any creditor
visions relati,e to on account of a registered bond, the Master shall notify the
insolvent estates. payment to the registrar who shall thereupon write off the
amount thereof in the appropriate register, on the registry
duplicate of the bond and also if possible on the original bond.
The holder of the bond shall deliver the bond to the Master,
who shall forward it to the registrar in order that the amount
paid may be written off thereon.
(2) Except in cases where an insolvent has been rehabili-
tated in pursuance of a composition made by him with his
creditors, the l\Iaster shall from time to time transmit to the
registrar a return specifying-
(a) the name and address of every person who has been
rehabilitated after the sequestration of his estate;
and
(b) the immovable property and registered bonds appear-
ing in the schedules lodged with the Master by or
on behalf of such person or in the liquidation account
of his estate;
and upon receipt of that return the registrar shall, in accord-
ance therewith, cancel in the appropriate registers all bonds
registered therein against the property of the said person
prior to the sequestration of his estate and endorse the registry
duplicates and, if possible, also the bonds themselves as can-
celled. The holders of such bonds shall when requested to
do so by the Master, deliver the bonds to him, and the Master
shall forward them to the registrar for cancellation.
(3) If any of the immovable property mentioned in the
return has not yet been transferred by the trustee, the registrar
shall further note on the registry duplicate of the title deed of
such property and in the appropriate registers that such
property has in terms of the law relating to insolvency vested
in the trustee.
(4) Immovable property which has vested in a trustee
in accordance with the provisions of the law relating to in-
solvency and which has not in terms of that law been re-vested
in the insolvent may, whether before or after rehabilitation of
the insolvent, be transferred only by the trustee, and may not
after such rehabilitation be transferred, mortgaged or otherwise
dealt with by the insolvent until it has been transferred to
him by the trustee : Provided that if after rehabilitation, the
trustee has been discharged or there is no trustee in existence,
the Master shall, if Ratisfied that the rehabilitated insolvent
is entitled to the property, give him transfer thereof in such
manner as may be prescribed.
(5) If by virtue of the provisions of the law relating to
insolvency an insolvent has been re-invested with the owner-
ship of any property, such property may not be transferred,
mortgaged or otherwise dealt with by the insolvent until an
endorsement, in the manner prescribed, that the property
has been restored to him, has been made by the registrar on
the title deed of the property.
(6) Nothing in this section contained shall be construed as
modifying any provision of the law relating to insolvency.
(7) The provisions of this section shall apply mutatis mutandis
in respect of-
(a) estates administered and distributed under section
forty-eight of the Administration of Estates Act,
1913;
 cclii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

(b) companies which are unable to pay their debts and

are liquidated or wound up by or under the supervi-
sion of the court under the law relating to companies;
and
(c) assets of an applicant under the Farmers' Assistance
Act, 1935, which are administered by a liquidator or
trustee who has received from the Master a certificate
mentioned in section seventeen of the said Act.
Endorsement of 59. Whenever any mortgaged immovable property has been
bond after sale ~-;old
in execution of a judgment of a competent court or under
in execution.
express authority contained in a special law, to satisfy any
debt due in respect of a registered bond or otherwise, and the
proceeds of the sale have been paid to the legal holder of the
bond, the sheriff or deputy sheriff or messenger concerned
or the person acting under the -authority of such special law
shall notify to the registrar how much of the capital sum due
in terms of the bond has been paid, and shall transmit the
bond to the registrar. The registrar shall thereupon write off
the amount so paid in the appropriate registers and on the bond
and registry duplicate thereof.
Consent of bond- 60. If the holder of a mortgaged lease of land or of mort-
hol~er to regis gaged real rights in land acquires the ownership of that land,
trat~on of merger or if the holder of a mortgaged lease of real rights in land
:o~~~~~~r~f acquires those rights, or if the owner of mortgaged land which
is entitled to rights of servitude over other land, acquires
the ownership of that other land, such acquisition of the
additional land or rights shall not be registered without the
consent in writing of the holder of the bond.

Notarial Bonds.

Registration of 61. (1) Every notarial bond executed before or after the
notarial bonds. commencement of this Act shall be tendered for registration
in a deeds registry within the period of two months after the
date of its execution or within such extended period as the
court may on application allow. Unless so tendered, or if so
tendered and rejected by the registrar and not re-tendered
within the said period, a notarial bond shall not be registered
except upon an order of court and within such further period
as the court may direct: Provided that if the registrar suspends
or refuses registration pending the submission of further
information in order to enable him to determine whether any
person mentioned in the bond is or is not a person whose
name appears in any register or document in the deeds registry
concerned, such suspension or refusal shall not be deemed
to be a rejection of the bond.
(2) A signed original for filing in the registry as the registry
duplicate, together with a further original or a grosse or a
copy of the bond certified by a notary public shall be tendered
for registration.
(3) Every notarial bond shall disclose-
(a) the place at and the date on which it was executed,
as well as the place where the notary practises ; and
(b) the place where the debtor resides and the place or
places, if any, where he carries on business.
(4) A notarial bond shall be deemed to be registered at the
time when the entry thereof is made in the appropriate register.

Where notarial 62. (1) Every notarial bond shall be registered in the deeds
bond is to be registry for the area in which the debtor resides and carries
registered. on business, or if he resides and carries on business in areas
served by different deeds registries, in the deeds registry for the
area in which he resides and in every deeds registry serving
any area in which he carries on business.
(2) No notarial bond shall be of any force or effect as against
any person who is not a party thereto, unless it has been
registered in accordance with the provisions of sub-section (1).
(3) Registration of a notarial bond in accordance with the
provisions of the said sub-section shall be effective as registra-
tion for the whole Union.
(4) A notarial bond which is required to be registered in
more than one deeds registry shall be registered in the first
registry within the period prescribed in section sixty-one, in
the second registry within an additional period of one month
after the date of registration in the first registry, and in each
 ccliv UNION GAZETTE EXTRAORDINARY, 26TH MAY, Hl37.

successive further registry within a further period of one month

after the date on which it was last registered in any registry.
(5) The provisions of sub-section (2) of section sixty-one
shall apply in respect of the registration in the first registry.
For the purpose of registration in the other registries it shall be
sufficient if the original bond registered in the first registry
is produced together with a further duplicate or grosse or a copy
thereof certified by a notary public for filing in the registry
concerned.

CHAPTER VI.

RIGHTS IN I!IIMOVAllLE PROPERTY.

General Provisions.

Restriction on 63. (1) No deed, or condition in a deed, purporting to

registration of
rights in immov-
create or embodying any personal right in respect of immovable
able property. property shall be capable of registration.
(2) No condition imposed after the commencement of
this Act, purporting to restrict the exercise of any right of
ownership in respect of immovable property shall be included
in any title deed of such property tendered for registration
in any deeds registry, unless such condition is capable of
being enforced by some person who is mentioned in, or if not
mentioned therein, is ascertainable from the said title deed
or from other evidence available to the registrar.
Certificates of 64. (1) Any person who either before or after the commence-
registered real ment of this Act has transferred land subject to the reser-
rights.
vation of any real right in his favour (other than a right to
minerals) may on application in writing to the registrar ac-
companied by the title deed of the land obtain a certificate
of registration of that real right as nearly as practicable in
the prescribed form.
(2) Such person shall not separately mortgage or otherwise
deal with such right or transfer a share thereof (if transferable)
unless he has obtained such certificate in the manner aforesaid.
(3) The provisions of sub-sections (2) to (4) inclusive of
section thirty-seven shall mutatis mutandis apply in respect
of such certificate.
Personal Servitudes.
Registration of 65, (1) A notarial deed creating a personal servitude shall
notarial deed
creating personal be executed by the owner of the land encumbered thereby
servitude. and the person in whose favour it Is created: Provided that
in the case of a servitude in favour of the public or of all or
some of the owners or occupiers of erven or lots in a township
or settlement, the registrar may, if in his opinion it is imprac-
ticable to require such deed to be executed by the persons
in whose favour the servitude is created, register such deed
notwithstanding the fact that it has not been executed by
such persons.
(2) Such deed shall contain a sufficient description of the
land encumbered by the servitude and shall mention the title
deed of such land.
(3) For the registration of such a deed a signed origina'
of the deed to be filed as the registry duplicate, together with
such further originals or grosses or copies certified by a notary
public as may be prescribed shall be produced, accompanied
by the title deed of the land, and, if the land is mortgaged,
by the bond and the consent in writing of the legal holder
thereof, to the registration of the servitude free of the bond.
Restriction on 66. No personal servitude of usufruct, usus or habitatio
registration of purporting to extend beyond the lifetime of the person in
personal servi-
tudes. whose favour it is created shall be registered, nor may a transfer
or cession of such personal servitude to any person other than
the owner of the land encumbered thereby, be registered.
Reservation of 67. A personal servitude may be reserved by condition
personal in a deed of transfer of land, if the reservation is in favour
servitudes.
of the transferor, or in favour of the transferor and his spouse
or the survivor of them, if they arc married in commun ty
of property, or in favour of the surviving spouse if transfer
is passed from the joint estate of spouses who were married
in community offpreoperty.
 cclvi UNION GAZETTE EXTRAORDINARY, 26TH l\1AY, Hl37.

Registration of 68. (1) If for any reason a personal servitude has lapsed,
laps~ of personal the registrar shall, on written application by or on behalf
serv'l.tude. of the owner of the land encumbered thereby, accompanied
by proof of the lapse of the servitude, the title deed of the
land and, if available, the title deed, if any, of the servitude
(which title deed the holder of the servitude shall on demand
hand over to the owner of such land) note on the title deed
of the land and of the servitude, if the title deed of the servitude
has been produced, that the servitude has lapsed.
(2) Cancellation of the registration of a personal servitude
in pursuance of an agreement between the owner of the land
encumbered and the holder of the servitude shall be effected
by notarial deed: Provided that no such deed shall be regis-
tered if the servitude is mortgaged, unless the mortgagee
consents in writing to the cancellation of the bond or the
release of the servitude from its operation.
Transfer and 69. (1) If the owner of land subject to a personal servitude
m?rtgage of land and the holder of that servitude have disposed of the land
wit~tpedrsontahl
eerv1 u e ereon. or any portion thereof together with the. rights of servitude
to another person, they may together g1ve transfer thereof
to the person acquiring it.
(2) The transfer deed shall describe the transferors as
the owner of the land and holder of the servitude respectively,
but no mention of the servitude shall be made in the description
of the land therein.
(3) The owner of land subject to a personal servitude and
the holder of that servitude may together mortgage the land
to the full extent of their respective rights therein.
(4) The owner of the land and the holder of the servitude
may either of them as principal debtor mortgage the land or
the servitude respectively and the other of them may in the
same bond mortgage the servitude or the land as surety.

Rights to Minerals.
Separati?n from 70. (1) Rights to minerals may be separated from the
ownership
rights of
to minerals owners h'Ip of 1an d b y reservatiOn
un d er sectiOn
seventy-one
or seventy-two in a condition contained in a transfer of such
land or by exclusion from a partition of such land.in terms of
section seventy-three or by cession of those rights by the owner
of the land to another person.
(2) Such separation from the ownership may take place in
respect of a portion of a registered piece of land, or of a share
in the whole or a portion of a registered piece of land, and
may be in respect of all minerals generally, or of a particular
mineral or minerals.
Certifica~es of 71. (1) Any person who .transfers land subject to a reserva-
reservahon
rights of
to minerals t'Ion In h'Is f avour of rig
h ts to mmera
1s t h creon, or on wh ose
land a township or settlement is established subject to such
reservation, shall simultaneously with the passing of transfer
or the opening of a register in a deeds registry for such town-
ship or settlement, as the case may be, take out a certificate
of rights to minerals in the prescribed form in respect of the
rights so reserved; where the register has been opened, a
certificate may be taken out in respect of the remainder of the
township or settlement upon a certificate from the
surveyor-general as to the remainder.
(2) (a) Upon the written application to the registrar of
any person who has, before the commencement of
this Act, transferred land subject to a reservation in
his favour of rights to minerals thereon and who is
the holder of such rights, the r.egistrar shall, on
production of the title deed under which that land
is held, issue to such person a certificate of rights to
minerals in the prescribed form in respect of the rights
so reserved.
(b) The holder of the title deed shall upon the demand
and at the expense of the applicant produce the
title deed to the registrar.
(3) Any person who transfers land in the manner described
in sub-section (1) or who is an applicant under sub-section (2)
shall, if the registrar so requires, lodge with him a diagram
showing the area in respect of which the rights to minerals are
reserved.
(4) A certificate of rights to minerals referred to in sub-
section (1) or (2} shall-
(a) set forth the rights to minerals to which it relates
and any rights ancillary to such rights ;
 eel viii UNION GAZETTE l!iXTHAORDINAitY, 26TH MAY, 1937.

(b) be signed by the registrar and be registered against

the title deeds of the land in respect of which such
rights to minerals have been reserved, and when so
signed and registered shall be the title to the said
rights to minerals.
(5) If the rights to minerals are subject to a registered
mortgage bond, lease or other deed affecting such rights,
the said certificate shall not be issued except upon produc-
tion of the bond, lease or other deed, and the registrar
shall, when issuing the certificate, cndorse-
(a) upon the bond, lease or other deed that a certificate
of rights to minerals has been substituted for the title
under which such rights were formerly held ; and
(b) upon the certificate of rights to minerals that these
rights have been hypothecated, leased or otherwise
dealt with in accordance with such bond, lease or
other deed,
and shall make the necessary entries in the registers ; and
thereupon the said rights to minerals shall be deemed to be as
fully and effectually hypothecated, leased or otherwise dealt
with as if they were still held under the former title.
(6) No rights to minerals reserved before the commencement
of this Act and still held under the title deed of the land shall,
until a certificate of rights to minerals has been issued in
respect thereof, be hypothecated, leased or dealt with other-
wise than by way of cession of all such rights.
qertificate of. 72. The provisions of section seventy-one shall mutatis
~~~~;~e~o b~unerals mutandis _apply in respect _of a gr~nt of Ian~ by tl~e Crown
Crown. made subJect to a reservatiOn of nghts to mmerals m favour
of the Crown.
Exclusion of 73. (1) If in any partition of land held in joint ownership
rights to minerals the agreement of partition excludes from partition any rights
from partition of
land. to minerals in the land, the partition transfers shall set forth
that exclusion.
(2) If rights to minerals are excluded from partition in
accordance with the provisions of sub-section (1) there shall
be lodged with the registrar together with the deeds of partition,
a certificate or certificates of rights to minerals in the pre-
scribed form in respect of the rights so excluded.

Undivided share 74. The provisions of sub-section (1) of section thirty-four

of rights to shall mutatis mutandis apply in respect of persons who jointly
minerals.
hold a certificate or deed of cession of rights to minerals.

Praedial Servitudes.

Creation of prae- 75. (1) A praedial servitude may be created by means of

dial servitude by a deed executed by the owners of the dominant and servient
notarial deed.
tenements and attested by a notary public.
(2) If the servient tenement is mortgaged or subject to
any other real right with which the servitude may conflict
the bond or other registered deed by which such right is held
shall be produced together with the consent in writing of the
legal holder thereof to the registration of the servitude.
(3) The provisions of sub-sections (2) and (3) of section
sixty-five shall mutatis mutandis apply in respect of praedial
servitudes.
Conditions of 76. (1) A praedial servitude may be created in a transfer
registration of of land only if the servitude is imposed on the land transferred
praedial in favour of other land registered in the name of the transferor,
servitudes.
or is imposed in favour of the land transferred on other land
registered in the name of the transferor: Provided that if-
(a) the land to be transferred is admitted by the person
seeking to pass transfer thereof to be subject to
unregistered rights of servitude in favour of land
registered in a third person's name ; and
(b) the person to whom the transfer is to be passed had
knowledge of the existence of the said rights of ser-
vitude at the time when he acquired the right to
the land or consents in writing to such servitude
being embodied in the transfer ; and
(c) such third person appears either in person or by
duly authorized. agent before the registrar at the
time of execution of the transfer and accepts the
servitude in favour of his land,
 colx [UNION GAZETTE EXTRAORDINARY, 26TII MAY, 1937.

the servitude may be embodied in such transfer. The appearance

of such third person as aforesaid and his acceptance of the
servitude shall be recited in the deed of transfer and the title
deed of the dominant tenement shall be produced for endorse-
ment thereon of the terms of the servitude.
(2) If the servitude is imposed on other land in favour of
the land to be transferred, and that other land is mortgaged
or is subject to any other registered real right with which the
servitude may conflict, the consent in writing of the legal
holder of the bond or of such other right, to the registration
of the servitude shall be produced, together with the bond or
other deed evidencing such other right and the title deed of
the servient tenement.
(3) In registering the deed of transfer in which the servitude
is embodied the registrar shall endorse the terms of the ser-
vitude and the number and date of the transfer on the title
deed of the other tenement and if a bond or other deed is
produced, as aforesaid, also thereon.
Leases.

Registration of 77. (1) Save where provision to the contrary is made in

leases and sub- any law, any lease or sub-lease of land or of any rights to
leases. minerals in land and any cession of such a lease or sub-lease
intended or required to be registered in a deeds registry, shall
be executed by the lessor and the lessee or by the lessee and the
sub-lessee or by the cedent and the cessionary, as the case
may be, and shall be attested by a notary public.
(2) If the land or right leased or sub-leased is mortgaged
or subject to rights of any other person it shall not be necessary
for purposes of registration of the lease or sub-lease or any
cession thereof to produce the bond or the other deed whereby
such rights are held or the consent of the legal holder thereof.

Termination of 78. (1) When a registered lease or sub-lease has terminated

registered lease. the registrar shall on written application by the owner of
the land affected thereby, or the holder of the lease, as the case
may be, accompanied by proof of the termination of the lease
or sub-lease and, in the case of the termination of the lease,
by the title deed of the land and if available the deed of lease,
or in the case of the termination of the sub-lease, by the deed
of lease and if available the deed of sub-lease, note in the case
of the termination of the lease, on the title deed of the land
and on the deed of lease, if produced, or in the case of the
termination of the sub-lease, upon the deed of lease and upon
the deed of sub-lease, if produced, that the lease or sub-lease
as the case may be, has terminated.
(2) If the full term, including periods of renewal, of a regis-
tered lease or sub-lease has expired no further transactions
affecting that lease or sub-lease shall be registered.

Where lease to be 79. Save where provision to the contrary is made in any
registered. law, any lease of immovable property which is registered
in the name of the lessor in a deeds registry may be registered
in that registry and any sub-lease of any lease so registered
may be registered in that registry.

Cessions of leases 80, No cession of a lease or sub-lease shall be registered in

and sub-leases. any deeds registry unless the lease or sub-lease has been regis-
tered therein.

Hypotnecation of 81. No hypothecation of a lease or sub-lease shall be regis-

leases and sub- tered in any deeds registry unless such hypothecation is effected
leases. by means of-
(a) a mortgage bond, if the lease or sub-lease is im-
movable property ; or
(b) a notarial bond, if the lease or sub-lease is not im-
movable property.

Notarial bonds
82. (1) For the registration of a notarial bond specially
hypothecating hypothecating a registered lease or sub-lease the deed of
leases or lease shall be produced to the registrar.
sub-leases.
(2) In registering such bond the registrar shall endorse on
the deed that the lease or sub-lease has been hypothecated by
the bond.
(3) The provisions of sub-section (1) of section fifty-six shall
mutatis mutandis apply in respect of any lease or sub-lease
so hypothecated.
 cclxii UNIO~ GAZETTE BXTRAORDINARY, 26m :\IAY, 1037.

Hypothecation of 83. (1) If in any lease entered into under any law relating
land settlement to land settlement the lessee is given the option to purchase
exermse o op t"wn
lease. afterf the
h property
. leased
. or any portion thereof, and. he has exercised
to purchase. t e optwn, the nghts to the property so acqmred by the lessee
may, if the lease is registered in a deeds registry and is not
subject to an existing bond, be hypothecated by a notarial
bond.
(2) The provisions of section eighty-two shall mutatis mutandis
apply in respect of the registration of such a bond.
(3) If such lease is subject to an existing bond at the date
of the exercise of the option the rights acquired by the exercise
of such option shall be subject to such bond.

Prospecting Contracts.
Registration of 84. (1) If the prospecting rights granted under a prospecting
prospecting contract are granted for a defined period with a right of renewal
contracts.
for any further period, registration of the contract shall be
effective for that defined period only : Provided that if the
holder of prospecting rights so granted under a registered
prospecting contract lodges such contract at the deeds registry
before the expiration of the said defined period together with
an affidavit in terms of sub-section (2), or within one month
after the expiration of the defined period together with the
grantor's written consent to such endorsement, the registrar
shall endorse upon the register of prospecting contracts and
upon the contract and the registry duplicate thereof a state-
ment that the said holder claims to have exereised his right
of renewal for the period mentioned in the said affidavit, and
the endorsement so made shall, as from the date thereof, be
effective notice of the claim to all interested persons, other
than the grantor of the prospecting rights, whose written
consent to such endorsement has not been produced.
(2) The affidavit referred to in sub-section (1) shall be made
by the holder of the prospecting rights under a registered
prospecting contract or by his duly authorized agent, and shall
state that the holder has fulfilled all such conditions of the
contract as entitled him to a renewal of the contract and that
he has duly exercised his right to renew the same.
(3) If at the time when a prospecting contract is tendered for
registration the defined period for which the prospecting
rights were granted thereunder has already expired but a
further period for which there is a right of renewal has not
yet expired, the registrar shall upon the application of the person
who was the holder of the prospecting rights under such
contract and with the consent in writing of the grantor of those
rights, register the contract, and the registration shall then be
effective in respect of the period for which it is claimed that the
contract has been renewed.
(4) If a document purporting to be a prospecting contract
contains any ambiguity and such document is in the opinion
of the registrar liable to be interpreted as constituting a grant
or lease of a right to minerals, the registrar may register that
document as a prospecting contract if a supplementary docu-
ment executed by 'all the parties to the first mentioned docu-
ment or by their assigns, or affidavits by such parties, ex-
plaining the purport and effect of the prospecting contract
are lodged at the deeds registry, and such document or every
such affidavit shall thereafter be deemed to form part of the
prospecting contract to which it relates.
(5) For the purposes of this section the grantor of prospecting
rights means the person who from the records in the deeds
registry appears to be the holder of the rights to minerals in the
land in question.

Cancellation of 85. (1) Upon the written request of the grantor of prospecting .
regi?tration on rights under a prospecting contract-
expiry of prospect- . . . . .
ing eontract or (a) the registratiOn of whiCh has under sectiOn etghty-four
failure to renew. ceased to be of effect; or
(b) to the renewal of which no claim has been lodged at
the deeds registry, or which, if such a claim has been
lodged, has lapsed by effiuxion of time,
the registrar shall cancel the entries in the registers relating
to the contract and the endorsement of the contract upon the
grantor's title deed of the land or the rights to minerals affected
by that contract.
(2) For the purposes of this section the grantor of prospecting
rights means the person who from the records in the deeds
registry appears to be the holder of the rights to minerals
in the land in question.
 cclxiv UNION GAZETTE EXTRAORDINARY, 26TH l\rAY, 1937.

CHAPTER VII.

ANTENUPTIAL CoNTRACTS.

Antenuptial con- 86. An antenuptial contract executed before and not regis-
tracts to be tered at the commencement of this Act or executed after the
registered.
commencement of this Act, shall be registered in the manner
and within the time mentioned in section eighty-seven, and
unless so registered shall be of no force or effect as against any
person who is not a party thereto.
Manner and time 87. (1) An antenuptial contract executed in the Union
of registration of shall not be registered unless it has been attested by a notary
antenuptial
contracts. public and unless it has been tendered for registration in a
deeds registry within two months after the date of its execution
or within such extended period as the court may on application
allow.
(2) An antenuptial contract executed outside the Union shall
not be registered unless it has been attested by a notary public
or has been otherwise entered into in accordance with the law
of the place of execution and unless it has been tendered for
registration in a deeds registry within six months after the date
of its execution or the commencement of this Act, whichever
may be the later date, or within such extended period as the
court may on application allow.
(3) Unless an antenuptial contract has been tendered for
registration in terms of sub-section (1) or (2}, or if so tendered
and rejected by the registrar and not re-tendered within the
respective periods prescribed in the said sub-sections, the
contract shall not be registered except upon an order of court
and within such further period as the court may direct:
Provided that if the registrar suspends or refuses registration
pending the submission of further information in order to enable
him to determine whether any party to the contract is or is
not a person whose name appears in any register or document
in the deeds registry concerned, such suspension or refusal of
registration shall not be deemed to be a rejection of the
contract.
(4) A signed original contract (or an equivalent thereof
according to the law of the country where it was executed)
bearing the attestation of the notary public or otherwise
duly authenticated as required by law, for filing of record as
the registry duplicate, and a further signed original, similarly
attested or authenticated, or a grosse or a copy of the original
contract certified by a notary public, shall be tendered for
registration.
(5) Registration of an antenuptial contract in any one deeds
registry in the manner prescribed in this section shall be effective
as registration for the whole Union : Provided that if any
transaction in connection with which evidence of such contract
is necessary takes place in a deeds registry other than that
in which such contract has been registered, a copy of such
contract certified by the registrar of the place of registration
or a notary public shall be filed in such first-mentioned deeds
registry.

Postnuptial 88. Notwithstanding the proviswns of sections eighty-

execution of six and eighty-seven the court may, subject to such conditions
antenuptial as it may deem desirable, authorize postnuptial execution
agreement.
of a notarial contract having the effect of an antenuptial con-
tract, if the terms thereof were agreed upon between the
intended spouses before the marriage, and may order the
registration, within a specified period, of any contract so
executed.
Registratfon of 89. The provisions of sections eighty-six and sub-sections
posttnupttu~l N t (1) to (4) inclusive of section eighty-seven shall mutatis mutandis
"
con rae s In a a1. appI y m
respec t of th e registratiOn
I contracts
of postnupt1a
in the province of Natal.

CHAPTER VIII.

l\fiSOELLANEOUS.

Cancellation of 90. (1) If it is expressly provided in-

registration on (a) a registered lease of land or rights to. minerals ; or
lapse of certain (b) a registered deed creating or evidencing a servitude ;
registered rights.
or
(c) a registered prospecting contract,
that it shall lapse upon failure to make regularly any periodical
 cclxvi UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

payments mentioned therein, the registrar shall upon written

application accompanied by an affidavit by the lessor or grantor
of the registered right (as the case may be) that the said period-
ical payments have not been duly made, cancel the regis-
tration of the lease, servitude or contract : Provided that-
(i) if the address of the lessee or grantee is stated in
the registered document, or the address or any
change thereof has been notified to the registrar,
notice shall be given to such lessee or grantee by
the applicant by prepaid registered letter that can-
cellation of the registration of the document is sought
on the ground of failure to make the periodical
payments mentioned therein, and that unless written
objection to the cancellation specifying the grounds
of objection is lodged with the registrar within one
month, if the address is in the Union, or within
three months or such further period as the registrar
may in special circumstances determine, if the address
is outside the Union, application will be made to
the registrar for cancellation of the registration
of the said document;
(ii) if the address of the lessee or grantee is not stated
in the document or has not been notified 11o the
registrar as aforesaid, the applicant shall publish
the notice aforesaid once in the Gazette and twice
in a newspaper published in the division or district
in which the land in question is situated (or if there
be no such newspaper then in any newspaper cir-
culating in such division or district) and in a news-
paper (to be indicated by the registrar) circulating in
the division or district of the lessee's or grantee's
last-known address, which shall be disclosed by
the applicant in an affidavit;
(iii) if any objection is lodged which, in the registrar's
opinion, discloses reasonable ground for refusing
cancellation of the registration, he shall not cancel
it until the objection is withdrawn or falls away
or cancellation is ordered by the court;
(iv) if any of the rights to be cancelled are mortgaged,
notice in writing shall be given by the applicant
by prepaid registered letter to the mortgagee of
the intention to cancel such rights, before the can-
cellation is effected.
(2) For the purposes of this section the lessor or grantor
means-
(a) in the case of a registered lease of land or a registered
deed of servitude, the person who from the records
in the deeds registry appears to be the owner of the
land concerned ; and
(b) in the case of a registered lease of rights to minerals
or a registered prospecting contract, the person
who from the records in the deeds registry appears
to be the holder of the rights to minerals referred
to in such lease or prospecting contract.

'l:'ransfer and ces- 91. No transfer of land and no cession of any registered
s10n ~ot to be. lease or sub-lease or other real right in land made as security
passe as semmty. for a debt or other obligation shall be attested by any registrar
or registered in any deeds registry.

Taxes and transf~r 92. (1) No deed of grant or transfer of land shall be regis-
dbufity to befi pafid tered unless accompanied by a receipt or certificate of a
e ore trans er o competent pu bl'w revenue offi cer t h at t h e taxes, d ut1es,
land f ees
and quitrent (if any) payable to the Government or any pro-
vincial administration on the property to be granted or trans-
ferred have been paid.
(2) If land or any real right in land has been settled upon
or donated to an intended spouse in terms of an antenuptial
contract, no transfer or cession of s!lch land or right by the
donor to any person other than the donee and no mortgage
thereof by the donor shall be executed, a~tested or registered
by the registrar unless the transfer duty (if any) payable
on the settlement or donation has been paid.

Registration of 93. (1) If any person or partnership, whose name appears

change of na,me. in any registered deed or other document has changed his
or its name, the registrar shall, upon written application by
that person or partnership, and on production of the consent
 cclxviii UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

in writing of every other person interested in such deed or

other document or in the rights created, conveyed or evidenced
thereby, if he is satisfied that no change of person in law is
implied in such change of name, endorse on the said deed or
other document that the name of the person or partnership
has been changed to the name stated in the application:
Provided that-
(a.) if the old name appears in another deed or other
document registered in the same registry, that deed
or other document shall be likewise endorsed, and in
either case corresponding entries shall be made in
the registers ;
(b) the registrar shall, except in the case of a person or
partnership whose name has been changed in accord-
ance with the provisions of any law, refuse to make
the endorsements until he has, at the expense of
the applicant, published a notice of the application
once in the Gazette and three times in a newspaper
approved by him;
(c) if any objection, which is in the opinion of the registrar
bona fide and sufficiently material, is not later than
one week after the last publication in the Gazette or
newspaper, whichever may be the later publication,
lodged with the registrar to the endorsement being
made, the registrar may refuse to make the endorse-
ment except upon the authority of an order of court,
and the court shall have jurisdiction to make such
order in the matter as it may deem just.
(2) No change in the name of any immovable property
shall be recorded in a deeds registry.
\Vomen witnesses 94. Any female person who would, if she were a male person,
of deeds. be competent to witness any document intended for regis-
tration or filing or production in a deeds registry, shall be
competent to witness any such document, and any such
document which was witnessed before the commencement
of this Act by a female person, shall be as valid as if she had
been a male person.
Attestation of 95. (1) Any power of attorney executed within the Union
powers of. attorney shall, if it purports to give authority to pass, cede, amend
exc?uted m the or cancel a deed capable of being registered or to perform any
Umon. act proper to be performed in a deeds registry, be attested
either by two witnesses above the age of fourteen years,
competent to give evidence in any court of law in the Union,
or by a magistrate, justice of the peace, commissioner of oaths
or notary public, duly described as such : Provided that no
person shall be competent to attest any power of attorney
under which he is appointed as an agent or derives any benefit.
(2) Notwithstanding anything contained in section fifty-six
of the Registration of Deeds and Titles Act, 1909 (Act No. 25
of 1909) of the Transvaal, a power of attorney for use in the
mining titles office in Johannesburg may be attested in the
manner provided in sub-section (1).
Execution of deeds 96. If any deed or document required to be executed by
by prospective the owner of immovable property has been executed by a
owners. person who has acquired the right to receive transfer or cession
of such property, such deed or document shall, upon the person
aforesaid receiving transfer or cession of such property, for the
purposes of this Act be deemed to have been executed by the
owner of such property.
Notice to registrar 97. Before any application is made to the court for authority
of application to or an order involving the performance of any act in a deeds
court. registry, the applicant shall give the registrar concerned at
least seven days' notice before the hearing of such application
and such registrar may submit to the court such report thereon
as he may deem desirable to make.
Substituted copy 98. (1) If a copy of a registered deed or other document
of lost ~e~d super- has been issued, in manner prescribed by regulation, in sub-
so~~~ org~alb stitution of a deed or other document which has been lost or is
~::endZ::r~ 0~ believed to have been destroyed, the original deed or other
recovery, document, if still in existence, sh&ll thereupon become void.
(2) If a deed or other document which has become void as
~tforesaid, comes into the possession or custody of any person
who knows that a copy has been issued in substitution thereof,
he shall forthwith deliver or transmit snch deed or othe:f
document to the registrar concerned.
Exemptioll froi!l 99. No act or omission of any registrar or of any officer
!lability for acts ol' employed in a deeds registry shall render the Government or
om!swiona in l;lefla~ such re~strar or officer liable for damage s~s~ained by .any
r~'~1 stry. person m consequence of such act or onuss1on: ProVIded
 cclxx UNION GAZETTE EXTRAORDINAH.Y, 26TH l\IAY, 1037.

that if such act or omission is mala fide or if such registrar or

officer has not exercised reasonable care and diligence in carry-
ing out his duties in connection with such act or omission,
the Government shall be liable for the damage aforesaid : Pro-
vided further that the registrar or officer guilty of such act or
omission shall be liable to make good any loss or damage
resulting therefrom to the Government if such act or omission
was mala fide.
Formal defect!. 100. No act in connection with any registration in a deeds
registry shall be invalidated by any formal defect, whether
such defect occurs in any deed passed or registered, or in any
document upon the authority of which any such deed ha~ been
passed or registered or which is required to be produced in
connection with the passing or registration of such deed,
unless a substantial injustice has by such act been done which
in the opinion of the court cannot be remedied by any order
of the court.
Special provisions 101. (1) The practice prevailing prior to the commencement
relating to Vry- of the Deeds Hegistries Act, 1918, in the deeds registry at
burg deeds
registry. Vryburg of transferring or mortgaging land held under a
certificate of ownership issued by the administrator of the
territory known as British Bechuanaland prior to its annexa-
tion to the Colony of the Cape of Good Hope, and which was
declared by that Act to be legal and of effect, shall continue
to be legal and of effect. Provided that-
(a) the provisions of this Act shall apply in respect of
any transfer, partition transfer, certificate of title,
mortgage or other deed sought to be registered in
respect of any land so held ;
(b) no transfer of or other form of title to or mortgage
of any defined portion of a piece of land so held shall
be registered unless the surveyor-general concerned
has certified that the boundaries of such piece of land
are correctly represented on the diagram thereof ;
(c) if the surveyor-general is unable to certify as aforesaid
the provisions of sections forty, forty-one and forty-four
shall mutatis mutandis apply, notwithstanding any-
thing to the contrary in any other law contained.
(2) The provisional registration in the deeds registry at
Vryburg of any cession or assignment of rights to unascertained
or unsurveyed land, prescribed by Government Notice
(British Bechuanaland) of the thirteenth day of November,
1886, shall continue to be of force in respect of land to which
a right of ownership was acquired prior to the annexation of
British Bechuanaland to the Colony of the Cape of Good Hope,
until such time as a grant of such land has been registered.

Definitions. 102, In this Act unless inconsistent with the context-

" conveyancer " means, in respect of any deeds registry,
a person practising as such in the province within
which that deeds registry is situate and includes every
person who at the commencement of the Deeds
Registries Act, 1918, was authorized by law to pre-
pare deeds of transfer and mortgage bonds within
such area;
" court " or " the court " means the provincial or local
division of the Supreme Court having jurisdiction or
any judge thereof ;
'' deeds registry " means-
(a) when used in relation to immovable property,
the deeds registry which serves the area in which
that property is situate;
(b) when used in relation to any deed or other docu-
ment, any deeds registry in the Union wherein
that deed or other document is registered or
registrable ;
(c) when used in relation to a registrar, the deeds
registry of which he is in charge,
but does not include the mining titles office referred
to in section three of the Registration of Deeds and.
Titles Act, 1909 (Act No. 25 of 1909) of the Transvaal;
" diagram " means a diagram which has been signed by a
person recognized by law as a land surveyor, and
which has been approved or certified by a sur-
veyor-general or other officer empowered under
any law so to approve or certify a diagram and
includes a diagram or a copy thereof prepared in a
surveyor-general's office and approved or certified as
cclxxii UNION GAZETTETEXTRAORDTNARY,'!::!GTH l\IAY, 1037.

aforesaid, or a diagram which has at any time prior

to the commencement of this Act been accepted for
registration in a deeds registry or surveyor-general's
office ;
" erf " means every piece of land registered as an erf, lot,
plot or stand in a deeds registry, and includes every
defined portion, not intended to be a public place, of
a piece of land laid out as a township, whether or not
it has been formally recognized, approved or pro-
claimed as such;
" general plan " means a plan which represents the relative
positions and dimensions of two or more pieces of
land and has been signed by a perwn recognized by
law as a land surveyor, and which has been approved
or certified as a general plan by a surveyor-general or
other officer empowered under any law so to approve
or certify a general plan, and includes a general plan
or copy thereof prepared in a surveyor-general's office
and approved or certified as aforesaid, or a general
plan which has at any time, prior to the commence-
ment of this Act, been accepted for registration in a
deeds registry or surveyor-general's office;
"immovable property " includes-
(a) any registered lease of rights to minerals ; and
(b) any registered lease of land which, when entered
into, was for a period of not less than ten years
or for the natural life of the lessee or any other
person mentioned in the lease, or which is renew-
able from time to time at the will of the lessee
indefinitely or for periods which together with
the first period amount in all to not less than
ten years;
" land " includes an undivided share in land ;
" Master " means the Master or Assistant Master of any
provincial or local division of the Supreme Court and
when used in relation to any particular matter means
the Master or Assistant Master who has jurisdiction
in respect thereof ;
" Minister " means the Minister of Lands or any other
Minister of State to whom the Governor-General may
from time to time assign the administration of this
Act, or any Minister of State acting in the stead of
any such Minister ;
" mortgage bond " means a bond attested by the registrar
specially hypothecating immovable property ;
" notarial bond " means a bond attested by a notary
public hypothecating movable property generally or
specially;
" notarial deed " means a deed attested by a notary
public, and does not include a document a signature
to which is merely authenticated by a notary public,
or a copy of a document which has been certified as
correct by a notary public;
" notary public " means, in relation to any deed or other
document creating or conveying real rights in land,
a person practising as such in the province within
which the land is registered ; in relation to any
other document executed within the Union, a
person practising as such in any province; and in
relation to ai:J.y document executed outside the
Union, a person practising as such in the place where
the document is executed ;
" owner " in relation to immovable property means .the
person registered as the owner or holder thereof and
includes the trustee in an insolvent estate, a liquidator
or trustee elected or appointed under the Farmers'
Assistance Act, 1935, the liquidator of a company
which is an owner and the representative recognized
by law of any owner who has died or who is a minor
or of unsound mind or is otherwise under disability:
Provided that such trustee, liquidator or legal repre-
sentative is acting within the authority conferred on
him by law;
" prescribed" means prescribed by this Act or any
regulation ;
"prospecting contract" means a notarial deed whereby
the owner of land from which the right to minerals
 cclxxiv UNION GAZETTE EXTRAORDINARY, 26TH MAY, 1937.

has not been exclud;d, or the registered holder of the

right to minerals in land, grants the right to prospect
and seek for any mineral or minerals in the land,
together with-
(a) the right to purchase the land or any portion
thereof or to purchase the right to any such
mineral or minerals ; or
(b) the right to lease any right to any such mineral
or minerals ;
"real right" includes any right which becomes a real
right upon registration;
" registered " means registered in a deeds registry ;
" registrar" means a registrar of deeds appointed under
this Act, and, when used in relation to any deeds
registry means the registrar in charge of that deeds
registry ; and when used in relation to a document
means the registrar in charge of the deeds registry
wherein that document is registered or registrable
or intended to be used or filed ;
" registry duplicate " means the counterpart or copy of a
deed consisting of more than one copy which is
filed or intended to be filed of record in a deeds
registry;
" regulation" means a regulation made under section ten ;
" share" in relation to land means undivided share ;
" settlement " means a group of pieces of land or of
sub-divisions of a piece of land which are used or
intended for use mainly for farming or horticulture,
and includes a combination of such groups which is
suitable for registration in one register ;
" this Act " includes the regulations made under section
ten
"township" includes-
(a) a group of pieces of land, or of sub-divisions of
a piece o land, which are combined with public
places and are used mainly for residential,
industrial or similar purposes, or are intended
to be so used ;
(b) any combination of such groups which is suitable
for registration in one register ;
(c) any area of land registered or recognized at the
commencement of this Act in a deeds registry as
a township if a general plan thereof is filed
in that deeds registry or in the office of the
surveyor-general concerned ; and
(d) any township established, approved, proclaimed
or otherwir;c recognised as such under any law.
Repeal of laws. 103. (1) The laws specified in the First Schedule to this
Act are hereby repealed to the extent set out in the fourth
column of that Schedule.
(2) The Governor-General may, by proclamation in the
Gazette, repeal any provision-
(a) of Proclamation No. 35 of 1902, Ordinance No. 6 of
1902 or Ordinance No. 6 of 1903 of the Transvaal
or of any regulation made thereunder, which is, by
virtue of section one of Act No. 29 of 1908 of the
Transvaal, still in force ; or
(b) of Law No. 15 of 1898 of the Transvaal which is, by
virtue ot sub-section (1) of section three of Act No. 34
of 1908 of the Transvaal, still in force.

Short title and 104. This Act shall be called the Deeds Registries Act, 1937,
commencement of and shall come into operation on a date to be fixed by the
Act. . Governor-General by proclamation in the Gazette.

Firat Schedule.

LAWS REPEALED.

Province. No. and year Title or subject Extent of

of law. of law. repeal.
Cape of Placaat dated Regulations for the The whole.
Good the 22nd day prevention of con-
Hope. of April, 1793. fusion in the Debt
Registry.
cclXxvi UNION TGAZETTE EXTRAORDINARY, 26TH MAY, 1937.

: Province. No. and year. Title or subject Extent of

of law. of law. repeal.

Cape of Placaat dated Reform of the Debt So much as is

Good the 15th day Registry. unrepealed.
Hope. of May, 1805.

Ordinance No. Ordinance for amend- So much as is

27 of 1846. ing the law relative unrepealed.
to conventional hy-
pothecations.

Act No. 25 of Glen Grey Act, 1894 Section seventeen

1894. so far as it re-
quires registra-
tion of transfer
by the registrar
of deeds at Cape
Town only.
Natal, Law No. 22 of To prevent communi- Sections two and
1863. ty of goods attach- seven so far as
ing to certain mar- they prescribe
riages and to enable the payment of a
the spouses of such fee of 1 for the
marriages to devise registration of a
their properties. contract , and
section seven so
far as it permits
the registration
of non-notarial
postnuptial and
antenuptial con
tracts.
Law No. 14 of To amend Law 22 of Sections one and
1882. 1863. two so far as they
permit the regis-
tration of non-
notarial ante-
nuptial contracts

Law No. 19 of 'o amend the law Sections three, jour

1884. and practice of and eight.
registration.

Transvaal Act No. 25 of Registration of Deeds Section fifty-five

1909. and Titles Act, so far as it re-
1909. lates to the deeds
registries in the
Transvaal.

Union Act No. 13 of Deeds Registries Act, The whole.

1918. 1918.

Act No.
1922. 15 of I Deeds Registries Act,
1918, Amendment
Tho whole.
Act, 1922.

Second Schedule.

The areas ~erved by the several deeds registries shall be : -

(a) by the deeds registry at Cape Town, tho Province of the Cape
of Good Hope, exclusive of the area served by tho deeds registries
at Kingwilliamstown, Kimberley and Vryburg;
(b) by the deeds registry at Kingwilliamstown, the territory known
as British Kaffraria, defined by Proclamat.ion of the High
Commissioner dated 23rd December, 1847, comprising the
divisions of Kingwilliamstown, East London, Komgha, Stutter-
heim and portions of the divisions of Cathcart and Victoria
East;
(c) by the deeds registry at Kimberley, tho divisions of Kimberley,
Barldy West, Hay and Herbert, together with that portion
of the division of Prieska which is situate to the North of the
Orange River ;
(d) by the deeds registry at Vryburg, tho divisions of Vryburg,
Mafeking, Gordonia, Kuruman and Taungs ;
(e) by the deeds registry at Pietermaritzburg, the Province of
. Natal;
(f) by the deeds registry at Pretoria, the Province of the Transvaal ;
"(g) by the deeds registry at Bloemfontein, the Province of the
Orange Free State.
(h) by the Rand town~hips registration office, the mining district
of Johannesburg, as defined by Proclamation No. 14 of 1923,
dated tl'" 20th day of .T>l.nuary, 1923.