Section 40 — Land Transfer Act 1952: Memorial to be recorded on duplicate grant or other instrument

40 Memorial to be recorded on duplicate grant or other instrument (1) Whenever a memorial of any instrument has been entered in the register, the Registrar shall (except in the case of a transfer or other dealing endorsed upon a memorandum of lease or mortgage, as hereinafter provided) record the like memorial on the duplicate grant, certificate of title, lease, or other instrument evidencing title to the estate or interest intended to be dealt with or in any way affected, unless the Registrar, as hereinafter provided, dispenses with the production of the same. (2) The Registrar shall endorse on every instrument so registered a certificate of the date and hour on which the said memorial was entered in the register (being the day and hour of the production of the instrument for registration as specified in the memorial entered in the register pursuant to section 39 of this Act and duly authenticated in accordance with that section), and shall authenticate each such certificate by signing his name and affixing his seal thereto. (3) Every such certificate shall be received in all Courts as conclusive evidence that the instrument has been duly registered. Compare: 1915 No 35 s 37 Subsection (2) was amended, as from , by section 3(3) Land Transfer Amendment Act 1966 (1966 No 37) by inserting the words “ (being the day and hour of the production of the instrument for registration as specified in the memorial entered in the register pursuant to section 39 of this Act and duly authenticated in accordance with that section). ”