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Title by Registration Act


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Title 4y Registration (CAP. 429 1

CHAPTER 429

THE TITLE BY REGISTRATION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

Indgeasible Certijicates of Title

3. Certificate of title.
4. On issue of certificate of title former deeds to cease to

have effect, and to be kept by Registrar.
5. Dealings with lands brought under this Act.
6. Procedure where land acquired by the Crown.
7. Crown grants.
8. Certificate of title to be indefeasible.
9. Powers of registered proprietor.

10. Right of registered proprietor.
11. Certificate of title not to affect rights of common.

Bringing Lands Under Act

12. Right to first certificate defined and application
therefor.

13. Application to be submitted to Judge.
14. Possession to be possession as owner.
15. Case to be stated for consideration of Court of Appeal

where there is any doubt as to title of applicant.
16. Parties interested may enter caveat.
17. Request for first certificate of title, etc., to be

accompanied by plan.

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2 CAP. 429) Title by Registration

Titles to Idand Assurance Fund.

18.* Titles to Land Assurance Fund.
19. Provisions where certificate of title has been wrongly

issued.

Transfer and ??-ansmission of Land

20. Memorandum of transfer.
21. Issue of new certificate of title on transfer, and cancel-

lation of previous certificate.
22. Consolidation of certificates of title.
23. Provisions for transfer of portion of land contained in

certificate of title.
24. Transferee to be liable for mortgages &c., noted on

certificate of title.
25. Transfer of easements or incorporeal rights.
26. Provisions for transfer of land to trustees.
27. Issue of new certificate of title on death of registered

proprietor.
28. Partition.
29. Issue of new certificate of title to Administrator of

Estates.
30. On issue of new certificate of title, all mortgages and

incumbrances to be noted thereon.
31. Issue of new certificate of title to trustee of bankrupt

registered proprietor.
32. Issue of new certificate of title to assignee, &c., of

insolvent registered proprietor.
33. Transmission of mortgage or incumbrance on death,

bankruptcy, &c., of mortgagee or incumbrancee.
34. Issue of new certificate of title where land has been

acquired by prescription.

Land Tax, Mortgages and Incumbrances; and the Sale of
Incumbered Land

LAND TAX

35. Land tax.

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Title by hgstration (CAP. 429 3

MORTGAGES

36. Mortgage to be constituted by noting on certificate of
title.

37. Memorandum of mortgage to be presented to
Registrar.

38. Date of mortgage.
39. Particulars of mortgage to be noted on certificate of

title.
40. Registrar to file memorandum of mortgage.
41. On noting of mortgage, land to be held in pledge by

mortgagee.
42. Subsequent mortgages may be created; in case of sale,

mortgages to be paid in order of date.
43. Mortgages and incumbrances to rank by date.
44. Mortgage to be for specific sum actually advanced.
45. On non-payment mortgagee may take steps for sale of

land.
46. Mortgage to extend over land, works, growing crops,

&c.
47. Mortgagor to have use and enjoyment of property.
48. Mortgagee not to enter into possession of land with-

out consent of parties interested.
49. Registered proprietor to retain certificate of title.

INCUMBRANCES

Incumbrance to be created by noting on certificate of
title.

Memorandum of incumbrance.
Incumbrances to rank by date.
Clearing of incumbrances on seizure and sale of land.
Valuation of incumbrances.
Extent of incumbrance.
Leases for three years to be incumbrances.
Memorandum of lease.
Power of incumbrancee to prosecute sale of land not

to extend to lessee.

EQUITABLE MORTGAGES

59. Equitable mortgage constituted by deposit of certifi-
cate of title.

60. Equitable mortgage to extend over all property over
which a mortgage extends.

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4 CAP. 429) Title by Regzstration

61. Equitable mortgage may be for a definite sum, or to
cover advances.

62. Equitable mortgagee may by caveat prevent dealing
with land.

63. Oonversion of an equitable mortgage into a mortgage.

TRANSFER AND DISCHARGE OF MORTGAGES AND
INCUMBRANCES

64. Memorandum of transfer to be presented to Registrar.
65. Transfer to be noted in same way as mortgage or

incumbrance.
66. Date of transfer.
67. On payment or part payment, of mortgage or incum-

brance, noting on certificate of title to be altered
accordingly.

68. Transfer of lease.
69. Proceedings for transfer of lease.
70. Termination of lease to be noted on certificate of title.

SALE OF INCUMBERED LANDS OR ESTATES

71. Notice to pay off.
72. Seizure of land on non-payment after notice.
73. Act of seizure to be served on registered proprietor.
74. Caveat of seizure to be presented to Registrar.
75. On non-payment of debt within 30 days after seizure,

articles of sale to be settled by a Judge.
76. Court to appoint and advertise date and conditions of

sale.
77. Rights of incumbrancees to be preserved.
78. Sale to be by Registrar of High Court, at the Court

House.
79. Payment of price.
80. On non-payment of price, new sale to take place.
81. Scheme of &vision.
82. Issue of new certificate of title after sale with reserved

incumbrances noted thereon.
83. Registered proprietor may remain in charge of property

between seizure and sale, but receiver may be
appointed.

84. Debt may be paid up to noon of day preceding day of
sale.

85. If no seizure made within the time limited.

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Title by Registration (CAP. 429 5

Seizing creditor to have carriage of sale.
Effect of seizure on leases and rents.
Payment of solicitor having carriage of sale.
Percentage payable to solicitor.
Taxation and payment of costs.
Adjournment of sale.
Announcement of adjourned sale.
Mortgagee, kc., may bid at sale.
Questions arising in course of sale to be settled by the

Court.

CROP ADVANCE WARRANTS

Security of mortgagee, kc., not to extend over crop
when reaped.

Crop may be pledged for repayment of advances.
On sale of land by mortgagee, crop advance warrant

to have preference.
Effect of crop advance warrant.
Holder of crop advance warrant may take possession

of crop.
Holder of crop advance warrant to account to

proprietor.
Proprietor appropriating proceeds of crop without

paying crop advance.
If crop insufficient to repay advance, balance to be a

personal debt of proprietor.
Crop advance warrants transferable, and may be

granted by lessees.
Registration of crop advance warrants.
Proceedings for enforcing payments due under crop

advance warrant.

Judgments

106. Order of sale in satisfaction ofjudgment debt.
107. Sale in satisfaction ofjudgment debt.
108. Transfer on sale in satisfaction ofjudgment debt.
109. Judgments, how made a charge.
110. Endorsement ofjudgment on duplicate certificate.

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6 CAP. 429) Title by Registration

Caveats

Form of caveat.
%%o may present caveat.
Caveat to be noted on certificate of title.
Notice of caveat to be sent to caveatee.
Effect of registration of caveat.
Caveator may withdraw caveat.
Caveatee may give order of removal.
Caveator may apply to Court to sustain caveat.
Application to Court to remove caveat.
Caveator liable in damages.
All orders of Court relating to caveats to be noted.
No second caveat to be received from the same person.
Cases in which Registrar may enter caveat.

PART VIII

Registration and Confirmation of Qualified and Possessory Titles

REGISTRATION OF QUALIFIED TITLES AND
POSSESSORY TITLES

124. Application for certificate.
125. Certificate of qualified title.
126. Certificate of possessory title.
127. Application of other Parts of this Act to certificates of

qualified or possessory title.
128. Application of forms to certificates of possessory and

qualified title.
129. Certificate may be cancelled.

CONFIRMATION OF POSSESSORY TITLES AND
QUALIFIED TITLES

130. Power to apply for examination of possessory or quali-
fied title.

131. Application for confirmation of possessory or quali-
fied title.

132. Public notice on receipt of application.
133. Mode of showing cause against confirmation of title.
134. Confirmation of title at expiration of time.
135. Confirmation of title to incumbrancee.

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Title by Regstration (CAP. 429 7

Powers and Duties of Regstrars of Titles, and Mode of Reviewing
their Decisions

Registrar of High Court to be Registrar of Titles.
Registrar may state a case for decision of Court in

questions arising under this Act.
Registrar to obtain direction of Court upon questions

of difficulty. Powers of Court.
Party aggrieved by act of Registrar may bring question

before the Court.
In case of error or fraud, the Court may compel

return of certificate of title to Registrar, &c.
Court may order cancellatioil or amendment of

certificate of title.
Registrar may require production of certificate of

title, and attendance of witnesses.
Registrars may administer oaths and correct errors.
On proof of loss of certificate of title, new certificate

may be issued.
Registrar may require plan to be attached to certificate

of title.

Powers of Attorney, Attestation of Instruments, Dealings Abroad
and Married Women

Form of power of attorney.
Attestation of instruments executed within Antigua

and Barbuda.
Attestation and proof of instruments executed out of

Antigua and Barbuda.
Certificate of closing of registration.
Noting dealings in land made out of Antigua and

Barbuda.
Acknowledgement of married woman executing

instrument out of Antigua and Barbuda.
Execution of instrument by married woman in

Antigua and Barbuda.
Application of Part X.

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8 CAP. 429) Title by Registration

Forms, Solicitors, and Scales of Fees

154. Parties may themselves fill up forms of instruments;
a only solicitors may charge fees for doing so.

155. Fees to be paid to solicitors.
156. Fees of office.

Penalties

157. Fraudulent procuring of certificate of title &c., a
misdemeanour.

158. Forgery of seal, &c, felony.

Miscellaneous

159. Nominal index of parties to instruments.
160. Governor-General to provide offices.
161. Appointment of officers.
162. Seals and forms of instruments to be provided.
163. Appeal to Court of Appeal.
164. Judge may refer case to Attorney-General.
165. Question of fact may be tried byjury.
166. Reservation of right of parties to have questions tried

before a jury.
167. Receivers.
168. Abolition of consignee's lien.
169. Power to Chief Justice to make rules.
170. Proof by draughtsman.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.

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Title by Registration (CAP. 429 9

TITLE BY REGISTRATION

(1st February, 1887.) 1/1886.
11 / 1922.
8/1923.
1 /1925.

1. This Act may be cited as the Title by Registration Short title.
Act.

2. (1) In this Act-, Interpretation.

"first" when used in relation to a certificate of title,
means the first certificate of title issued under this
Act in respect of the land comprised in the
certificate;

"First Schedule," "Second Schedule," "Third Schedule,"
"Fourth Schedule" and "Fifth Schedule" mean
respectively the First, Second, Third, Fourth and
Fifth Schedule to this Act.

(2) Lands shall be deemed to be brought under the
operation of this Act from the time when a first certificate of
title is issued in respect of them.

(3) Whenever any of the expressions defined in the
First Schedule occurs in this Act, it shall, unless the context
otherwise requires, have the meaning assigned to it in the
said Schedule.

(4) A Judge may do in Chambers any act which the
Court is by this Act authorized to do.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 429) Title by Regstrution

( 5 ) Whenever it is provided by this Act that an instru-
ment shall be in a specified form, it shall be understood to
mean that the instrument shall be in that form, or as near
thereto as the circumstances admit.

Indefeasible Certificates of Title

cedficate of title. 3. (1) The title to lands brought under the opera-
Second tion of this Act shall consist of a certificate of title in Form 4
Form 4.

in the Second Schedule, to be issued in duplicate by the
Registrar of Titles according to the provisions hereinafter
contained, and such certificate of title shall be registered by
placing one duplicate, in the order of its date, in the cur-
rent volume of the register. The current volume shall be
bound annually, or at such times as the Registrar of Titles,
with the approval of the Chief Justice as ex officio Keeper of
the Records, may determine, and shall be carefully pre-
served. The other duplicate shall be handed over to the
registered proprietor, who shall be bound to produce the
same whenever he desires thereafter to transfer or other-
wise deal with the land.

(2) Before the issue of a certificate of title, the
Registrar of Titles shall note thereon in a brief, clear and
legible manner, following the form of note set forth on
Form 4 in the Second Schedule, all mortgages and incum-
brances affecting the lands, in the order of their dates. He
shall also number each certificate of title as a folium of the
current volume and place a corresponding number upon
the duplicate delivered to the registered proprietor. When
more than one person is named as registered proprietor,
the duplicate shall be delivered to the person first named.

On issue of 4. The date of every first certificate of title shall be
of ti*e the day and hour at which the Registrar of Titles shall place former deeds to

ceasetohave the certificate of title in the current volume; up to which
$ . period of time the former title shall be held to Lontinue to

exist. and immediately after to cease and determine, and all
deeds upon which thk land to which the certificate of title
relates had been theretofore held, or by which any mort-
gages or incumbrances upon the said land were shown to
exist, shall cease to have any force or effect, and shall be

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Title by Registration (CAP. 429 11

preserved in the custody of the Registrar of Titles, or in
such manner as the Chief Justice, in his capacity of Keeper
of the Public Records, shall, under the provisions of the
Registration and Records Act, from time to time direct. Cap. 375.

5. (1) From and after the time when any land is ~ ~ ~ b ~ o $ ~ t
brought under the operation of this Act, all dealings with "nderthisAct,
such land shall be in the forms and governed by the princi-
ples set forth in this Act; and all such dealings shall take
effect from the date and act of regstration, and not from
the date of the execution or delivery of any instrument or
document, or otherwise, save as in this Act provided. It shall
not be necessary to register under the provisions of the
Registration and Records Act, dealings with lands brought
under the operation of this Act, which are in accordance
with the provisions of this Act.

(2) Dealings with lands brought under the operation
of this Act, which are not in accordance with the provisions
of this Act, shall operate as contracts only, and shall not con-
fer any right in respect to the land, except the right of
enforcing the contract as against-the parties, and persons
claiming, otherwise than as purchasers or mortgagees for
value, under such parties.

6. (1) In any case where the land of any registered ~~~~~~~~~
proprietor under this Act is partly or wholly acquired by the the Crown.
Crown by gift, purchase or devise, or under the provisions of
any Act for the time being in force relating to the acquisi-
tion of land, the officer for the time being administering
the Government shall forward to the Registrar of Titles the
particulars of such acquisition (the correctness of which
shall, in the case of acquisition by purchase, be certified by
the registered proprietor) together with a plan or, where
part only of the land has been acquired, with a plan in
duplicate showing the extent of such acquisition.

(2) On receipt of such particulars and plan or plans,
the Registrar of Titles shall-

(a) note on the original, and also on the dupli-
cate, certificate of title, the fact, date and extent of
acquisition of the land by the Crown and also a reference
to the volume and folio in the book (hereinafter in this

CAP. 429)

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Title by Repstration

section referred to) in which a copy of the plan relating
to the land may be found and, where the whole of the
land has been acquired, cancel the certificate of title;

(b) where part only of the land has been acquired,
cause the area to be demarcated by a licensed surveyor
on the plan attached to or on the certificate of title;
and

( c ) bind the plan or one of the plans (as the case
may be) in the said book and attach the other (if any)
to the duplicate certificate of title and return the same
to the person entitled thereto.

(3) The effect of noting or cancellation under subsec-
tion (2) shall be that the land or portion of the land the sub-
ject of the certificate of title shall thereby be removed from
the operation of this Act.

(4) For the purposes of this section the Registrar of
Titles shall keep a book in which shall be bound a copy of
every plan received by him under the provisions of this
section.

(5 ) This section shall be deemed to have come into
operation on the 27th day of March, 1941, but nothing in
this section or in any other section of this Act shall affect or
prejudice the validity of any certificate of title issued to the
Crown or to the Governor of the Leeward Islands and his
successors in office under the provisions of this Act prior to
the coming into operation of this section.

Crown grants. 7. Whenever a grant of land is made by the Crown,
the grantee may elect, instead of receiving the grant, to have
a certificate of title issued to him in lieu thereof, and on
notice in writing of such election being given to the
Governor-General the grant, instead of being given to the
grantee, shall be delivered to the Registrar of Titles, with a
direction indorsed on the grant and signed by the
Governor-General, that a certificate of title be issued to the
grantee. Whenever a crown grant is so delivered to the
Registrar of Titles, he shall, without payment of further or
other fees, issue to the grantee a certificate of title in respect
of the land comprised in the grant.

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Titk by Registration (CAP. 429 13

8. All certificates of title granted under this Act, and Certificateof title
to be indefeasible. all notings of mortgages and incumbrances on the same,

shall be indefeasible.

9. In every certificate of title a registered proprietor :;;r:i
or proprietors shall be set forth of the land to which it proprietor.
relates, who shall have the absolute power to deal with the
land in any manner in which land may be dealt with under
this Act; any rights for life, or rights in the land for terms of
years, or any other limited or conditional rights, being here-
by declared to be incumbrances on the said lands, and
requiring to be constituted as such in the manner in which
incumbrances are constituted under the provisions of this
Act.

10. The right of the registered proprietor named in 2gt,"rtd
a certificate of title to the land comprised in a certificate of proprietor.
title granted under this Act shall be the f~~llest and most
unqualified right which can be held in land by any subject
of the Crown under the law of England, and such right can-
not be qualified or limited by any limitations or qualifica-
tions in the certificate of title itself, unless such limitations
and qualifications were inserted in any crown grant in place
of which the certificate of title has been issued or as in the
case of mortgages and incumbrances, when these are noted
on the certificate of title.

11. Notwithstanding anything hereinbefore con- certificate of title
not to affect rights

tained, no certificate of title heretofore issued, or hereafter of,o,,,,on.
to be issued, under the provisions of this Act shall, save as
provided in section 25, in any way affect any rights of com-
mon, rights of way, or rights to, or to be exercised over, any
pond, streams, or other water, or any other easements or
profits ii prendre, or the ownership of any public road.

Bringang Lands under Act

12. (1) Land not registered under this Act may be so fined
registered- and application

therefor.
( a ) if the applicant can show a good documentary

title thereto in himself and his predecessors in ownership

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 429) Title 4y Registration

for at least thirty years next before the date of the pre-
sentation of the request under this Act;

( 6 ) if, notwithstanding that such documentary
title thereto cannot be shown, the Court is satisfied
from the deeds or other documents accompanying the
request that the applicant has the right to claim the
land as owner and that he himself has been in undis-
turbed possession of the same continuously during the
period of twelve years next before the date of the pre-
sentation of the request under this Act;

(c) if the applicant has, by descent or by will or
deed, acquired a title to the land from a person who
would have been entitled himself to have the land reg-
istered in accordance with the provisions of paragraph
(b) of this subsection;

(d) if the land has been in the sole and undis-
turbed possession of the applicant alone in his own
right or as executor, administrator or trustee, or partly
in the sole and undisturbed possession of the applicant
in any such right and partly in the sole and undis-
turbed possession of any other person through whom
he claims, continuously for a period of thirty years next
before the date of the presentation of the request
under this Act.

(2) The application to bring land under this Part shall
be made by the owner who shall present a request to the
Registrar of Titles for the issue to him of a first certificate in
respect of the land described in the request.

(3) Where the owners of land are joint tenants, tenants
in common or coparceners, the request shall be made in
the names of, and shall be signed by, all of them.

Second Schedule.
Form 1.

(4) The request shall be in Form 1 in the Second
Schedule and shall be accompanied at the time of the pre-
sentation by all the titles, deeds or other documents under
which the applicant claims to be the owner of the land.

(5) Forthwith upon the presentation of the request,
the Registrar of Titles shall thereupon proceed to give pub-
lic information of such application by exhibiting on the

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Title by Registration (CAP. 429 15

door of the Court House a copy of the schedule of applica-
tions in Form 3 in the Second Schedule, and the person e;i.Schedule.
presenting the request shall give further notice of such
application by causing that part of the said schedule of
applications which relates to his application to be advertised
in two issues of at least one newspaper published in Antigua
and Barbuda, and no such certificate shall be issued until
the expiration of four weeks from the date of exhibiting the
schedule or from the date of the first amearance thereof in

I I

the said newspaper.

(6) The applicant shall also within seven days after the
presentation of the request cause notice of the application
to be served personally upon all owners or occupiers of land
adjoining the land for which a first *ertificate is applied,
and no certificate shall be issued until proof has been given
by the applicant that such notice has been given and that
four weeks have expired since the giving of that notice.

(7) A Judge may, upon or without any application,
order such special notification to individuals or generally, or
may direct such public advertisement of the application for
the first certificate in newspapers outside Antigua and
Barbuda as may to him appear just and reasonable.

(8) Every request for the issue of a first certificate shall
be accompanied by a plan made by a licensed surveyor, and
the Registrar of Titles shall reject any plan which he consid-
ers insufficient, subject to an appeal to a Judge in
Chambers.

(9) Where the application for a first certificate is in any
respect based on possession of the land, the request shall be
accompanied by affidavits of the applicant and of two other
persons at least, and such affidavits shall set out in detail the
facts establishing that the applicant has been in sole and
undisturbed possession of the land continuously for the
period of time required by this section as well as the acts of
ownership exercised over the land and shall prove that the
rents, fruits and profits accruing out of the land have been
taken and appropriated by the applicant as owner during
such period.

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CAP. 429) Title by Registration

Application to be
submitted to
Judge.

Possession to be
possession as
owner.

Case to be stated
for consideration
of Court of
Appeal where
there is any doubt
as to title of
applicant.

13. The Registrar of Titles shall thereupon submit
such titles, deed and documents to a Judge, and if such
Judge shall be satisfied that the person presenting the
reques! is entitled to have a certificate of title issued to him,
the Registrar of Titles shall issue such certificate of title
accordingly, and shall note thereon the mortgages and
incumbrances affecting the same. The title deeds and docu-
ments which accompanied the request shall remain in the
custody of the Registrar of Titles.

14. (1) Possession for the purpose of section 12 shall
be possession as owner by a person, his heirs, executors,
administrators or assigns and not as an encumbrancer holding
a life interest or interest for a term of years or other less estate.

(2) A certificate of title issued under section 13 to an
executor, administrator or trustee shall be expressed as hav-
ing been issued to the applicant as such executor, adminis-
trator or trustee.

(3) The Judge shall take such evidence of possession
by affidavit, or payment of taxes, or common repute, or
otherwise, as shall be satisfactory to his own mind.

15. Where the Judge shall not be able, either from
the title deeds and documents and records, or evidence of
possession, to ascertain whether a person making applica-
tion for a certificate of title be the owner of the land, or
whether any mortgage or incumbrance exists, or as to the
priority of any mortgage or incumbrance, he shall state a
case for the consideration of the Court of Appeal, embody-
ing in a succinct form the difficulties which have occurred,
and the Court of Appeal shall give such directions for the
service of such case upon any parties who may appear to be
interested, or for the giving of such public notice in Antigua
and Barbuda or abroad of the application for a certificate of
title, or the noting thereon of any mortgage or incum-
brance, or the order of priority of the same, as may appear
reasonable, and calling upon all interested to enter appear-
ance at such time as may be specified in such notice. And,
on consideration of the case at the time specified, after
hearing the applicant for the certificate of title and any
competing parties, or the parties interested in any mortgage

LAWS OF ANTIGUA AND BARBUDA

Title by Regstration (CAP. 429

or incumbrance, and also after hearing the Registrar of'
Titles, by himself or by counsel, if he shall desire to be
heard, and with or without the making up of any further
pleadings as the Court of Appeal may consider proper, such
directions shall be given in regard to the issue of the certifi-
cate of title, or the noting thereon of any mortgage or
incumbrance, or the order of priority of the same, as to the
Court of Appeal shall seem just.

16. Any person who claims to be the proprietor of ~ ~ ~ ; ~ ~ ; ~ ~ ~
any land, or to be interested in any mortgage or incum-
brance, may enter a caveat in the office of the Registrar of
Titles, either forbidding the issue of any certificate of title
for any land to any specified person, or claiming that a note
may be made upon any certificate of title in regard to any
mortgage or incumbrance, or in any other manner stating
an interest in any land, and such caveat shall be in Form 2 in
the Second Schedule and the caveator shall be heard before
the certificate of title is issued, or the mortgage or incum-
brance noted or rejected.

17. (1) Notwithstanding anything to the contrary Request for first
certificate of title,

contained in this Act, from and after the coming into opera- etc., to be accom-
tion of this section every request for the issue of a first certifi- panied by plan.
cate of title and, when there is no plan attached to the
certificate of title, every application made under subsection
(2) and under section 144 for the issue of a new certificate
of title, and every transfer and every request for transmis-
sion of land registered under this Act and every request for
the issue of a new certificate of title under the provisions of
section 28 and subsection (4) shall be accompanied by
three plans of the land to be described in the certificate of
title, two of which shall be attached to the original and
duplicate certificates of title when issued.

(2) Where a certificate of title has been issued without
a plan attached it shall be lawful for the Registrar of Titles at
the request of the registered proprietor to issue to such reg-
istered proprietor a new certificate of title with plan
attached.

(3) Subsections ( 5 ) , (6), (7) and (8) of section 12 as
well as section 13 shall have effect, mutatis mutandis, on
every request made under subsections (1) and (2).

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18 CAP. 429) Title by Registration

(4) If it is proved to the satisfaction of the Court or a
Judge that any error or discrepancy appears on a plan regis-
tered under this Act he may direct such inquiry as he may
think fit to be made into the circumstances of the case and
upon proof of such error or discrepancy order that the plan
be corrected or rectified or that a new plan be made and
substituted for the former:

Provided that on every such inquiry four weeks notice
shall be given to the owners or occupiers of lands adjacent
to the portion of land comprised in the plan to be corrected
or rectified and likely to be affected by such correction or
rectification and provided further that when a new plan is
ordered subsection (3) shall also apply to this subsection.

Titles to Land Assurance Fund
Titles to Land
Assurance Fund.

18. (1) Immediately before the issue of any first or
subsequent certificate or title under this Act, save and
except a certificate of title issued under section 7, a fee shall
be paid by stamps to the Registrar of Titles of one cent in
every four dollars and eighty cents on the value of the land
comprised in the certificate.

(2) Subject to any agreement to the contrary, the said
fee shall be paid, in the case of a first certificate of title, by
the applicant for the certificate, and, in the case of a subse-
quent certificate of title, by the party in whose favour the
certificate is to be issued.

(3) For the purposes of this section, the value of the
land shall be, according to the circumstances, the sum
stated in the request for the issue of a first certificate of title
to be the value of the land, or the sum stated in the memo-
randum of transfer as the price of the land, or if no sum or a
nominal sum has been so stated, or if the Registrar of Titles
has reason to believe that the sum stated is not the true
value of the land, or if the certificate of title is to be issued
on transmission, such sum as may be agreed upon between
the Registrar of Titles and the person liable to the payment
of the fee, or, if they cannot agree, as may be summarily
decided by a Judge after hearing the Registrar of Titles and
the person liable to the payment of the fee, and such evi-
dence as they may respectively adduce.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429

(4) All fees paid under this section and all damages
recovered under subsection (2) of section 19 shall be paid
into the Treasury for the public uses of Antigua and
Barbuda.

19. (1) Any person aggrieved by the issue of a cer- Provisions where
certificate of title

tificate of title under this Act may institute a suit as plaintiff h, been wrongly
against the Attorney-General as defendant, claiming dam- 'sued.
ages for the injury he may have sustained. Every such suit
shall be governed by the provisions of the Crown Cap.121.
Proceedings Act and if the plaintiff shall recover any dam-
ages, the same shall be paid out of the general revenue of
Antigua and Barbuda.

(2) Where any person has, by wilful misrepresentation
or otherwise, obtained a certificate of title to any land to be
wrongfully issued, the Registrar of Titles shall call in the
same to be cancelled in any case in which the rights of a
transferee or incumbrancee who has taken bonri fide for
value without notice, will not be prejudiced thereby: and
where damages have been recovered against the Attorney-
General in any such suit as in this section is mentioned, the
Attorney-General, on behalf of the Government of Antigua
and Barbuda, shall sue the person who has obtained the cer-
tificate of title for the issuing of which such damages have
been recovered, for damages to be paid into the general rev-
enue of Antigua and Barbuda:

Provided that if the person so sued has not obtained
the said certificate by fraud, and can show that he has not
been benefited by the issue of such certificate to the whole
amount of the damages recovered against the Crown, he
shall not be liable to a greater amount than that by which he
has been so benefited:

Provided also, that no transferee or incumbrancee who
has taken bonri jide for value, without notice, subsequent to
the issue of the first certificate of title, shall be liable in any
action for damages.

Transfer and Transmission of Land

20. When land has been brought under the provi- y+fff,"."dumof
sions of this Act, the registered proprietor thereof, if he

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 429) Title by Regstration

desires to transfer it to another on sale or otherwise, shall
Secondschedule. execute a memorandum of transfer in Form 5 in the
Form 5.

Second Schedule, and such memorandum of transfer shall
be presented to the Registrar of Titles.

Issue of new
certificate of title

21. (1) The Registrar of Titles shall thereupon
-fer, and demand from the presenter of the memorandum, or the

cmcellation registered proprietor or those acting for him, or from the
of previous
certificate. person in whose custody the same may be, other than an

equitable mortgagee, the duplicate certificate of title, which
the Registrar of Titles shall file with the memorandum of
transfer, and, having satisfied himself of the sufficiency and
correctness of the memorandum of transfer, he shall make
out in duplicate a new certificate of title of the land con-
tained therein, in favour of the transferee, and he shall,
before delivering the new certificate of title to the new regis-
tered proprietor or the person entitled thereto, cancel the
previous certificate of title by writing across the registered
duplicate thereof the word "Cancelled" in ink different
from the writing, printing or lithographing of the certificate
of title itself, with a reference to the folium and volume of
the new certificate of title which is to come in place thereof,
and he shall number and mark the duplicate of the new
certificate of title to be placed in the register, as well as that
to be given to the new registered proprietor, with the proper
folium and volume in which the new certificate is registered,
and shall also make on both duplicates a reference to the
certificate of title which has been cancelled, by the folium
and volume in which it was recorded.

(2) The Registrar of Titles shall also mark upon the
new certificate of title the mortgages and incumbrances on
the former certificate which are undischarged, and any new
mortgage or incumbrance which may have to be added
thereto, if any, on the occasion of the transfer. He shall also
mark the day and hour, and, when such may appear to the
Registrar of Titles necessary, the minute of the change from
one registered proprietor to another, and that date shall be
the time of presenting to the Registrar of Titles the memo-
randum of transfer. The duplicate certificate of title issued
to the registered proprietor shall be an exact copy and, so
far as practically possible, an exact facsimile of the duplicate
placed on the register.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 2 1

22. (1) Where any person is the registered propri- ::;;;::;"of
etor of contiguous parcels of land, it shall be lawful for the , ;~ , .
Registrar of Titles at the request of such person to issue to
him one certificate of title in respect of the said parcels of
land in substitution for the several certificates of title relat-
ing thereto.

(2) Subsections (5), (6), (7) and (8) of section 12 as
well as section 13 shall have effect, mutatis mutandis, on
every request made under subsection (1).

23. (1) When a registered proprietor desires to Provkions for
transfer of transfer a portion of the land contained in his certificate of podon of land

title, it shall not be necessary to cancel the certificate of containedin
certificate of title.

title, or to issue a new certificate of title for that portion of
the land which is not being transferred, but the Registrar of
Titles may issue to the transferee a new certificate of title in
respect of the portion transferred, and note the particulars
of the transfer on the margin of the certificate of title of the
registered proprietor:

Provided that, if the registered proprietor shall so
desire, or if the Registrar of Titles shall be of opinion that
the circumstances do not permit of particulars of the trans-
fer being clearly noted on the certificate of title, such certifi-
cate shall be cancelled and the same course shall be
followed, as nearly as circumstances will permit, as that
which has been set forth in the immediately preceding sec-
tions, and the registered proprietor, on the original certifi-
cate of title being cancelled, shall receive a new certificate of
title for the portion of land not transferred, at the same
time that the transferee receives his certificate of title for
the portion transferred to him.

(2) Where mortgages or incumbrances are noted
upon the certificate of title of land so proposed to be divid-
ed, the Registrar of Titles shall not accept the presentation
of a memorandum of transfer of such land without the con-
sent in writing of the mortgagees or incumbrancees, and
this consent shall be filed with the memorandum of transfer.

24. Where any mortgages or incumbrances shall be ;f,":;
noted on the certificate of title issued to a transferee, the
covenant shall be implied that the transferee has accepted g,"zi2eof title.
the land subject to such mortgages and incumbrances, and

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Regutration

that he will pay the interest accruing thereon, and discharge
the principal sums for which such mortgages and incum-
brances have been granted, and indemnify the transferor
from the payment of the same in all time to come.

Transfer of
easements or 25. Whenever any easement or any incorporeal right
incorporeal in or over any land is to be added to any land contained in a
rights. certificate of title, the person selling, granting, or transfer-

ring such right shall execute a memorandum of transfer in
Secondschedule. Form 7 in the Second Schedule, and the Registrar of Titles
Form 7.

shall file the same when presented, and either grant a new
certificate of title to the registered proprietor, with the ease-
ment or other right mentioned therein added to the land,
whenever required so to do, or shall note the acquisition of
the easement or incorporeal right on the existing certificate
of title of the land to which it is added, as well as on the
certificate of title of the land to be thenceforth subject to
the easement or right.

Provisions for
transfer of land
trustees.

to 26. (1) Where the registered proprietor of any land
desires to transfer the same to trustees, he may register
under the Registration and Records Act, any deed or docu-
ment constituting the trust, but he shall: of equal date
therewith, present to the Registrar of Titles a transfer to the
persons named as trustees, in the ordinary form of an abso-
lute transfer to individuals, with the words "as Trustees"
added to their description, and also with the words 'With
survivorship," or the words "without survivorship," accord-
ing as the trustees are to continue to act, or not to continue
to act, on the death of one or more of their number, and
the Registrar of Titles shall thereupon issue to the transfer-
ees a certificate of title without any reference to the trust
deed, and they shall be the absolute registered proprietors
of the said land, as regards the records of title, as fully and
freely as any other registered proprietors:

Provided that any cestuis que trust under the trust deed
shall have the right to present a caveat to the Registrar of
Titles to prevent any dealing with the land by the trustees in
a manner inconsistent with the provisions of the trust deed.

(2) Where, in the deed of trust, trustees are named with
the right in the survivor or survivors to act after the death
of one or more of their number, the survivor or survivors

LAWS OF ANTIGUA AND BARBUDA

(CAP. 429

may require the Registrar of Titles to issue to him or them a
new certificate of title in his or their names as registered pro-
prietor or proprietors of the land; and when the said trustees
are nominated as such without right in the survivor or sur-
vivors to act, the cestuis que trust, on the death of one or
more of the said trustees, shall have the right to require the
issue of a certificate of title to them as now the registered pro-
prietors of the land. In like manner, where new trustees have
been assumed in virtue of powers contained in a trust deed,
01- have been appointed by the Court, they shall have the
right to require the issue to them of a fresh certificate of title.

27. Whenever the registered proprietor of any land Issue of new
certificate of title

shall die, the land shall transmit to the personal representa- .,death .f
tive or representatives of the deceased proprietor and the ;$;:~;,d~.
Registrar of Titles shall upon a request being presented to
him accompanied by a grant of probate, or letters of admin-
istration, or an office copy thereof, issue to the persons
named therein as executors or administrators a certificate
of title to the said lands and shall note on the certificate of
title in the name of the deceased proprietor (the duplicate
of which, in whose hands soever the same may be, shall be
delivered up to him) the date of the request, the date of the
death and ,iuch reference to the register of grants of pro-
bate and letters of administration as may enable the grant to
be found and shall cancel the certificate of title in favour of
the deceased, and the date of the title of the new registered
proprietor shall be held to draw back to the dat; of the
death of the former registered proprietor, whatever may be
the date of presenting the grant to the Registrar of Titles.

28. Where an order for the partition of land regis- Partilion.
tered under this Act is made by the Court the Writ of
Partition directed to the Provost Marshal shall be sufficient
to authorize the Provost Marshal to transfer to the several
parties amongst whom the land has been partitioned their
respective portions, and subject to the production of the
required plans by the respective parties concerned the
Registrar of Titles shall at the request of the Provost Marshal
issue certificates of title to the said parties for their respective
portions at their expense.

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 429) Title by &gistration

Issue of new
certificate of title
to Administrator
of Estates.
Cap. 459.

On issue of new
certificate of title,
all mortgages and
incumbrances to
be noted thereon.

Issue of new
certificate of
title to trustee
of bankrupt
registered
proprietor.
Cap. 41.

Issue of new
certificate of title
to assignee, &c.,
of insolvent
registered
proprietor.

29. When an Administrator of Estates shall be
ordered under the Unrepresented Estates Act, to sell any
land brought under this Act, such Administrator shall be
entided to demand from the Registrar of Titles the issue to
him of a new certificate of title in which shall be added to
his description the words "as Administrator of Estates," and
the same procedure shall be followed, as nearly as circum-
stances will permit, as is hereinbefore prescribed in the case
of transmission to devisees.

30. In all cases where a new certificate of title has
been issued in lieu of a certificate of title in favour of a
deceased registered proprietor, the Registrar of Titles shall
note on the new certificate of title issued all mortgages and
incumbrances affecting the land to which it relates.

3 1. Where a registered proprietor, incumbrancee, or
mortgagee of any land has been adjudicated bankrupt, or
where the estate of a registered proprietor, incumbrancee,
or mortgagee has become the subject of liquidation by
arrangement under the Bankruptcy Act for the time being
in force, the land, mortgage, or incumbrance, as the case
may be, shall transmit to the trustee of the estate, in the case
of bankruptcy, as from the date of the order of adjudication,
and in the case of liquidation by arrangement as from the
date of the appointment of the trustee of the estate; and the
Registrar of Titles shall, upon the request of any such
trustee as aforesaid, accompanied by the documents proving
the facts, being presented to him, issue to the trustee a
certificate of title in lieu of that in favour of the registered
proprietor so adjudged bankrupt or whose estate is in liqui-
dation, as the case may be, and the duplicate copy of the
certificate of title in the hands of such registered proprietor
shall be delivered up to be cancelled, and the same procedure
shall be followed in the issue of the new certificate, as far as
the circumstances will permit, as is hereinbefore prescribed
in the case of transmission to personal representatives.

32. Where any person has become insolvent, and
shall, either under the authority of the Court or voluntarily,
assign the whole of his property to any assignee, administra-
tor, or trustee on behalf of his creditors, any land of which
he may be the registered proprietor shall transmit to the

LAWS OF ANTIGUA AND BARBUDA

Title @ Registration (GIP. 429 25

said assignee, administrator, or trustee; and such assignet.,
administrator, or trustee shall request a certificate of title to
be issued in his name; and the Registrar of Titles, upon such
request being presented to him with the deed or instrument
of assignment, or such office copy thereof as he may consider
sufficient, shall issue a new certificate of title to such
assignee, administrator, or trustee in the manner hereinbe-
fore provided as nearly as circumstances will permit.

33. Whenever any mortgage or incumbrance shall Trmsmkionof
mortgage or

transmit in any of the manners above set forth, the person inc-brmceon
in whose favour the same shall have transmitted, or in the ~,":::P;$,;Z
case of the death of any mortgagee or incumbrancee, the Orinc,b,,cee.
personal representatives of such mortgagee or incum-
brancee shall be entitled to present to the Registrar of Titles
a request accompanied by the deed, document or writing,
or a grant of probate, or letters of administration, or of an
office copy thereof, upon which such request is founded, to
alter th; noting or marking of any mbrtgage or incum-
brance upon any certificate of title from the name of the
previous mortgagee or incumbrancee to the name of such
person as being then entitled to the mortgage or incum-
brance; and the Registrar of Titles shall, in dealing with
such request, proceed as far as circumstances will permit, in
the manner already herein provided in regard to transmis-
sions of land, and shall makk such noting or marking upon
the certificate of the title of such land (the duplicate of
which in the hands of the registered proprietor, or any
other person, he shall be entitled to call in and demand for
the purpose of this section) as shall set forth the parties
truly entitled to such mortgage or incumbrance, and shall
cancel any former noting, and shall either re-issue the same
certificate of title to the party entitled thereto, or a new
certificate of title as shall appear to the Registrar of Titles
desirable and proper.

34. Where any person has acquired, or claims to z,"gE~,"~ tit,e
have acauired, under the Real Propertv Limitation Act the where land has
ownership of land brought under ;he dperation of this Act, E:,",""'
he shall present a request to the Registrar of Titles to have a cap. 367.
certificate of title issued to him in lieu of the registered pro-
prietor in the original certificate of title, and the person
who has acquired, or claims to have acquired, such owner-
ship shall not be entitled to maintain any suit in regard to

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 429) Title by Registration

such land until he shall have obtained a certificate of title
thereto. When a request for such a certificate of title is pre-
sented to the Registrar of Titles, he shall state a case to the
Court, and shall not issue a certificate of title on such
reque3t until he has received the direction of the Court
thereupon.

Land Tax, Mortgages and Incum6rances; and the Sale of
Incumbered Land

LAND TAX
Land tax. 35. (1) Land tax now imposed, or hereafter to be

imposed, by an Act shall be a first charge on the land on
which the said tax is made payable by the said Act where
such land is now held under, or is hereafter brought under,
this Act.

(2) Such charge shall rank before all mortgages,
incumbrances and interest already created and constituted,
or hereafter to be created and constituted, by and under
this Act and the Government may take all such proceedings
under this Act for the recovery of land tax now due and
unpaid, or hereafter becoming due and unpaid, by sale or
otherwise of the land or estate on which the said tax is so
made payable, as a mortgagee or incumbrancee may now
take under this Act when a mortgagor or incumbrancer has
failed to perform the conditions of a mortgage or incum-
brance, or as when a mortgagee or incumbrancee may law-
fully demand the repayment of the sum lent on mortgage,
or the amount or provision secured by an incumbrance.

(3) The Registrar of Titles shall make the following
noting as a first noting, on all certificates of title issued by
him on or after the date of coming into operation of the

Ord. No.
16/1962.

Property Tax Ordinance, 1962-

"Charge in favour of the Government for Land Tax and
Property Rate now due or hereafter to become due."

(4) Every certificate of title issued by the Registrar of
Titles before the date of coming into operation of the
Property Tax Ordinance, 1962 shall be deemed and taken

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 27

to be noted with the noting set out in the last preceding
subsection.

MORTGAGES

36. A mortgage may be created and constituted over M~fl$agetobe
const~tuted by

any land by the noting of the same by the Registrar of Titles
on the duplicate certificate of title, both that in the Registry cerlificateof title.
and that in the hands of the Registered proprietor.

37. The warrant to authorize the Registrar of Titles ~~~;; ;~:~;~f
to make any such note upon the certificate of title shall be a presented to
memorandum of mortgage in Form 8 in the Second ;,"g,"dychedule.
Schedule, which shall be presented to the Registrar of Titles F,, 8.
by the mortgagor or mortgagee, or by those authorized to
act on their behalf. The duplicate certificate of title issued
to the registered proprietor, or where the mortgage extends
over lands contained in more than one certificate of title,
then all the duplicates, must at the same time be handed to
the Registrar of Titles to be noted.

38. The date of the mortgage shall be the date of DateofmOlt~ge.
presenting the memorandum of mortgage to the Registrar
of Titles.

39. When a memorandum of mortgage has been Ez6?~,"'
presented, the Registrar of Titles shall proceed forthwith to be noted on
note the chief facts set forth therein upon the duplicate cer- ce*ificate Of tit'e.
tificates of title, according to the form of noting of mort-
gages upon the form of the certificate of title, Form 4 in the Es2.Schedu1e.
Second Schedule.

40. The Registrar of Titles shall file the memorandum Registrar to file
memorandum of

of mortgage presented to him, marking thereon a reference morlgpge.
to the certificate of title, and upon the certificate of title a
reference to the file where the memorandum of mortgage is
preserved.

41. So soon as the Registrar of Titles has noted the Oz:;$g;Ld to
mortgage upon the certificate of title, the land contained in be held iA pledge
such certificate shall be held in pledge by the mortgagee, bymo"gagee.
from the date of the mortgage, for the repayment to him of
the principal sum actually advanced and the interest set
forth therein.

LAWS OF ANTIGUA AND BARBUDA

Subsequent
mortgages may be
created; in case of
sale, mortgages to
be paid in order
of date.

Mortgages and
incumbrances to
rank by date.

Mortgage to be
for specific sum
actually advanced.

On non-payment
mortgagee may
take steps for sale
of land.

Mortgage to
extend over land,
works, growing
crops, &c.

CAP. 429) Title by Repstration

42. A second mortgage or any number of mortgages
may be created and constituted in a similar manner, but in
the event of the land being sold, as hereinafter provided, for
non-payment of any principal sum or interest thereon, the
mortgage first in order of date shall be first paid out of the
price obtained for the land, or if the sum be not sufficient
to pay off the mortgage and interest due thereon, then the
price so obtained shall be paid to the first mortgagee in
reduction of the sum due to him under his mortgage.

43. Every other mortgage, where there are no incum-
brances, shall be paid out of the price in like manner, in the
order of its date, should the price be sufficient, and whoever
may be the mortgagee or other creditor prosecuting the sale
of the land. In the event of incumbrances as well as mort-
gages being noted on the certificate of title, the prior incum-
brance shall be paid before the subsequent mortgage, and
the prior mortgage before any subsequent incumbrance.

44. A mortgage cannot be created or constituted for
any undetermined sum, but only for the sum expressly stated
in the instrument, and actually advanced.

45. The specific sum lent upon the pledge of the
land shall be payable at any date which may be fixed in the
memorandum of mortgage, and, if not repaid at that date,
the mortgagee may, at any time thereafter, take steps for the
sale of the land in manner hereinafter provided.

46. The mortgage shall be held to extend over the
land contained in the certificate of title upon which it is
noted, or any part of such land described in the memoran-
dum of mortgage, and all rents thereof, and upon all fix-
tures on such land, and upon labourers' houses, mills,
buildings, stables, cattle sheds, outhouses, and all erections
used for estate purposes, whether fixtures or not, and upon
all trees and shrubs, whether bearing fruit valuable in com-
merce or not, and upon all growing crops on the land
belonpng to the mortgagor, and all agricultural instru-
ments, and appliances of sugar or other mills, and all stock
belonging to the mortgagor, whether used for work and
draught purposes, or grazing on the land, and over all con-
tracts for labour to be performed on the land in favour of
the mortgagor.

LAWS OF ANTIGUA AND BAaBUDA

Title by Re~stralion (CAP. 429 29

47. The mortgagor shall have the free use, enjoy- Moflgagortohave
w e nnd enjoyment ment and management of all the property pledged, and i t o~p,.operty.

shall be his duty to care for the same, and keep all in work-
manlike order and good condition, and, for this purpose, to
deal with all personal chattels accessory to the land, and to
sell and replace stock as a good husbandman, but not to
deteriorate the condition of the land, and to use his utmost
skill in the profitable cultivation of the soil; and he shall
have the right to raise temporary advances for crop purpos-
es by pledging the crop, when cut or plucked for sale or
manufacture, in the manner hereinafter provided.

48. The mortgagee cannot as of right, on non-pay- pe",f::;trt
ment of principal or interest, and with or without notice, possessionofland
enter into the possession of the land with the view of work- ; ~ ~ t i ~ , " , " ~ ~ ~ . f
ing the same until the mortgage be paid off, but by consent
of all parties interested the mortgagee can so enter subject
to an accounting for the rents and profits of the land, as of
land belonging, not to the mortgagee, but to the registered
proprietor thereof.

49. The mortgagee shall not be entitled to the dupli- F;$z2to
cate certificate of title as of right pertaining to him as mort- ,,hin certificate
gagee, but he shall be entitled to demand from the Oftitle-
Registrar of Titles, at the cost of the mortgagor, a certified
copy of the memorandum of mortgage, with a copy of the
noting of the mortgage upon the certificate of title attached
thereto. The duplicate certificate of title shall remain with
the registered proprietor.

INCUMBRANCES

50. An incumbrance shall be created and constituted ~ ~ ~ ~ ~ ~ t O
over and upon any land, in the same manner as a mortgage, ,,tin
by the noting thereof by the Registrar of Titles upon the cer- certiBate
tificate of title.

51. The warrant to authorize the Registrar of Titles E~:,"~;,d,"'of
so to note any certificate of title shall be a memorandum of secondschedu~e
incumbrance, which shall be in one of the Forms numbered F0*9.
9 in the Second Schedule.

52. Incumbrances shall take rank in the order of 2;;;F;rt0
their dates, and the date of presenting the memorandum of
incumbrance to the Registrar of Titles shall be the date of

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 429) Title 4y Registration

the incumbrance, and shall be entered in the note thereof by
the Registrar of Titles upon the certificate of title; and where
they are both mortgages and incumbrances upon the same
land, :he prior incumbrance shall take precedence of a subse-
quent mortgage, and the prior mortgage of a subsequent
incumbrance.

Clearing of
incumbrances on 53. When land is seized and sold for non-payment of
seizure andsale any mortgage or incumbrance, any incumbrance, if of the
of land. nature of a tenancy for life or years, and if it be prior in date

to the mortgage or incumbrance in regard to which the sale
is prosecuted, may be cleared from the title with the consent
of the incumbrancee, and if of later date, without such consent,
and, in order to its being so cleared, shall be valued at its then
present value, and shall be paid off in its order out of the
proceeds of the sale, if the price be sufficient for the purpose,
unless the purchaser and the incumbrancee shall agree that
the incumbrance shall remain a burden upon the land.

Valuation of 54. In order to ascertain the then present value of
incumbrances.

any incumbrance, the Court shall give such directions and .,
orders for the employment of skilled persons, either in or
out of Antigua and Barbuda, to value the same as it may
deem requisite and necessary.

Extent of 55. An incumbrance which is not specially limited to
incumbrance.

a payment out of revenue, or other special form of incum-
brance, of a like nature, shall extend over the land con-
tained in the certificate of title upon which it is noted, and
upon all fixtures, houses, outhouses, growing crops, stock
and other property over which a mortgage extends.

Leases for three
years to be incum-

56. For the purposes of this Act, and in order that all
brances. the rights granted, which to any important extent affect the

land, may appear upon the certificate of title, a lease for
three years and upwards shall be deemed an incumbrance,
and shall be constituted by a noting on the certificate of title
in the same manner as an incumbrance.

Memorandum of
lease.

57. The warrant to authorize the Registrar of Titles
Second Schedule to make such a noting of a lease shall be a memorandum of
F O ~ 10. lease in Form 10 in the Second Schedule.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 3 1

58. No lessee shall be deemed an incumbrancee for Power of
incumbrancee to the purpose of suing forth or prosecuting any sale of the prosecutesale or

land, in the manner provided in this Act for incumbrancees landnot to extend
to lessee. other than lessees, for any breach of the conditions of his

lease, but he shall be left to his ordinary legal remedies.

EQUITABLE MORTGAGES

59. An equitable mortgage may be constituted by ET'U":
deposit of the certificate of title, and when a duplicate cer- comtitutedby
tificate of title is so deposited to cover any liability incurred z;$gltof title.
by the registered proprietor, the Registrar of Titles shall not
require the holder thereof to deliver up the same for the
purpose of noting thereon any mortgage or incumbrance
subsequent to the said deposit, or for the purposes of any
transfer. If the land shall transmit by the death of the regis-
tered proprietor while the equitable mortgage subsists, any
new certificate of title which may be issued consequent
thereupon shall be deposited with the equitable mortgagee
in lieu of the certificate of title held by him.

60. An equitable mortgage shall be constituted and Ezbizto
created over the land contained in the certificate of title extendoverall
deposited, and over all fixtures, houses, outhouses, growing
crops, stock, and other property over which the mortgage extends.
extends; and shall rank in its order according to the date of
presenting a caveat, as hereinafter provided, to the
Registrar of Titles to prohibit dealings with the land while
the equitable mortgage shall exist.

61. An equitable mortgage may be constituted by the may be
deposit of the certificate of title, either for the repayment of for a definite sum,
a definite sum then advanced, if placed to the account of ;'znzS"'
the borrower, or to cover advances to be made, or for the
purpose of covering advances made or to be made, or liability
for sums due.

62. The equitable mortgagee, if he desires to prevent Equitable mortgagee may by
any other creditor obtaining a preference over such effects caveat prevent
comprised in his equitable mortgage as may be secured by
bill of sale or otherwise, shall forthwith present a caveat, in
manner hereinafter provided, to prevent any dealing with
the land and the things accessory thereto, as already set
forth, over which his equitable mortgage extends; but he

LAWS OF ANTIGUA AND BARBUDA

Conversion of
an equitable
mortgage into
a mortgage.

Memorandum of
transfer to be
presented to
Registrar.

Second Schedule
Form 11.

Transfer to be
noted in same way
as mortgage or
incumbrance.

Date of transfer.

CAP. 429) Title by Registration

may refrain from presenting such caveat, and in that case,
his right as regards the registered proprietor shall not be
adversely affected thereby, but he will not have any prefer-
enc? over a more diligent creditor whose securiq may be
meantime completed.

63. An equitable mortgage may be converted into a
mortgage, with all the powers and privileges of a mortgagee
against the registered proprietor by way of sale of the land
and otherwise, by the equitable mortgagee obtaining the
judgment of the Court fixing the amount due to him by the
registered proprietor, or obtaining from the debtor a writ-
ing accepting a specific sum therein stated as being due by
him to the creditor under the equitable mortgage.
Whereupon the equitable mortgagee may present the judg-
ment or the writing to the Registrar of Titles, and request
him to note upon the certificate of title a mortgage in his
favour for the amount of the judgment or accepted balance
due, the date to draw back to the date of the caveat, which
shall be removed and the noting of the mortgage put on the
certificate of title in place thereof. The judgment or writing
shall be filed as the authority to the Registrar of Titles for so
acting. Where no caveat has been entered, the date of the
mortgage shall be the date of presenting the judgment or
writing of the Registrar of Titles.

TRANSFER AND DISCHARGE OF MORTGAGES AND
INCUMBRANCES.

64. A mortgage or incumbrance may be transferred
from the mortgagee or incumbrancee to any other person,
who shall then become the mortgagee or incumbrancee, by
the presentation of a memorandum of transfer to the
Regrstrar of Titles in Form 11 in the Second Schedule, and
the noting by him of the fact of the transfer upon the certifi-
cate of title.

65. When such memorandum of transfer has been
presented to the Registrar of Titles, he shall proceed in
regard to the noting of the transfer, and the filing of the
memorandum of transfer, in a similar manner to that pro-
vided for the noting of a mortgage or incumbrance.

66. The date of the presentation shall be the date of
the transfer, and immediately thereafter the transferee shall

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 33

enter into the whole rights of the transferor under the mort-
gage or incumbrance. The transferee may demand from the
Registrar of Titles a certified copy of the memorandum of
transfer, together with a certified copy of the noting thereof
upon the certificate of title, with such reference thereon to
the volume and folium of the register where the certificate
of title is registered as to permit of easy reference thereto.

67. When a mortgage or incumbrance has been paid ~ ~ ~ ; ~ ~ ~ , " : f
off and discharged, or has been partially paid off or dis- ,o~pgeor
charged, the mortgagee or incumbrancee shall sign such an Ez,":'
instrument as Form 12 in the Second Schedule as may cor- cedificate ~ f t i t i e
rectly set forth the facts, and, when the same is presented to z:;r$;gd
the Registrar of Titles, he shall alter or cancel the noting of secondschedule
the mortgage or incumbrance, or make such fresh noting l2.
upon the certificate of title as shall correctly set forth the
actual position and the amount of the mortgage or incum-
brance, as the case may be, and he shall file the instrument,
in manner already provided , as his warrant for making such
alteration or cancellation.

68. A lease for three years and upwards may be trans- Transfer of lease.
Second Schedule

ferred by the execution of a memorandum of transfer in F, 13.
Form 13 in the Second Schedule, and the noting thereof by
the Registrar of Titles on the certificate of title.

69. The date of the transfer shall be the date of the ~ ~ ~ ~ ~ , f ; ; .
presentation of the instrument, and the duties of the
Registrar of Titles, in regard to the instrument presented,
shall, in all respects, be similar to those provided for in the
case of the transfer of a mortgage or incumbrance.

70. When a lease has come to an end by effluxion of Termination of lease to be noted
time, or has been determined by consent or by the judge- oncertificateof
ment of the Court, the registered proprietor may present a
request to the Registrar of Titles to make such noting on the
certificate of title as shall indicate the fact that the lease has
ceased to exist, or to cancel the noting of the lease in such
manner as the Registrar of Titles may deem shall best set
forth the actual state of the facts in regard thereto.

SALE OF INCUMBERED LANDS OR ESTATES

7 1. When a mortgagor or incumbrancer has failed to pay Off.
perform the conditions of the mortgage or incumbrance, or

LAWS OF ANTIGUA AND BARBUDA

Second Schedule
Form 14.

Seizure of land on
non-payment after
notice.

Act of seizure
to be sewed
on registered
proprietor.

Second Schedule
Form 15.

Caveat of seizure
to be presented to
Registrar.
Second Schedule
Form 16.

Title by Registration

when the mortgagee or incumbrancee may lawfully demand
the repayment of the sum lent on mortgage, or the amount
or provision secured by the incumbrance, the mortgagee or
incumbrancee shall serve, or cause to be served, upon the
registered proprietor a formal notice to pay off in Form 14
in the Second Schedule requiring him to perform the acts
therein required within sixty days from the date of service.
Where the registered proprietor is resident abroad and there
is no one in Antigua and Barbuda holding his power of
attorney, he shall be served in the manner in which a defen-
dant out of the jurisdiction of the High Court may be served.

72. If the registered proprietor shall not, within the
time specified, pay off the mortgage or incumbrance, or do
the acts required of him in the notice to pay off, the mort-
gagee or incumbrancee may seize the land contained in the
certificate of title on which the mortgage or incumbrance is
noted, with the things accessory thereto as set forth and
enumerated in this Act as falling within the mortgage or
incumbrance.

73. The seizure shall be completed as regards the
registered proprietor by the bailiff appearing on the premises
with orders to seize, but, in evidence of his act, he shall
place in the hands of the registered proprietor, or leave at
his dwelling place, or, if resident abroad, in the hands of his
attorney acting under his power of attorney, or, if he has no
such attorney, then the mortgagee or incumbrancee, in the
manner in which a defendant out of the jurisdiction of the
High Court may be served, shall serve the registered propri-
etor with an act of seizure, in Form 15 in the Second
Schedule in which shall be set forth, not only the land
seized, but an inventory of the things accessory to the land
over which the mortgage or incumbrance extends; but
where the registered proprietor resides abroad, it shall not
be necessary to delay proceedings because of such service.

74. The mortgagee or incumbrancee shall also forth-
with present to the Registrar of Titles a caveat of seizure, in
Form 16 in the Second Schedule which the Registrar of
Titles shall note upon the certificate of title in the same
manner as is provided for other caveats, to prohibit all deal-
ings with the land seized until the caveat be removed or
withdrawn.

LAWS OF ANTIGUA AND BARBUDA

Title by Regastration (CAP. 429 35

75. If the debt shall not be paid off or discharged, or o n non-payment
of debt within 30 the acts required in the notice to pay off shall not be per- daysafterseizure,

formed, and no new arrangements shall be made within articlesof sale to
be settled by a thirty days from the date of seizure, the mortgagee or Judge.

incumbrancee shall lodge in the Registry of the High Court
articles of sale, in Form 17 in the Second Schedule of the SecondSchedule

Fonn 17. said land, and the things accessory to the said land over
which the mortgage or incumbrance extends, either in one
lot or in more lots, as may be thought most likely to bring
the highest price, and shall, by summons, call upon the reg-
istered proprietor, and all other mortgagees and incum-
brancees, to appear before the Court on a day to be specified
in the summons, being not less than three and not more
than ten days after the date of the summons, to settle the
said articles of sale, to estimate an upset price, to fix the day
of sale and to adjust the announcements of sale, and the
mode of publication thereof.

76. On the day appointed the Court shall settle the Court to appoint
and advertise date

articles of sale, fix the upset price upon such information or ,d conditions of
valuation as may be considered necessary and sufficient, sale.
and appoint the day of sale, adjust the announcements, and
determine the mode of publication thereof, according to
the nature and value of the property. For lands not exceed-
ing four hundred and eighty dollars in value (to be judged
by the Court from any indications or informal evidence of
value which the proceedings may disclose, or which may be
communicated to the Court) it shall not be necessary to
publicly announce the sale beyond Antigua and Barbuda,
but for land of greater value, the Court will determine
whether the announcements should be published beyond
Antigua and Barbuda, or in the home journals. The day of
sale shall be determined by the length of time necessary to
publish the announcement in such a manner as shall bring
the highest price.

77. In settling the articles of sale, the Court shall E2gb",f,nceesto
cause to be inserted therein, and in the announcements, bepreserved.
provisions which shall reserve the rights of all persons hold-
ing estates for life or lesser estates which entitle such incum-
brancees to the possession and enjoyment of the property, if
their incumbrances shall be entitled to priority over the
mortgagee or incumbrancee prosecuting the sale, unless

LAWS OF ANTIGUA AND BAREUDA

36 CAP. 429) Title by Registration

the consent of such prior incumbrancees shall have been
obtained to an uiireserved sale; in which case the rights of
the incumbrancee shall be valued and dealt with in the
manner set forth in sections 53 and 54.

Sale to be by
Registrar of High

78. All lands so appointed to be sold shall be sold at
c0,, at the the Registry of the High Court, or, if rendered necessary by
Cou*House. the number of bidders, in the Court House itself, and the

Registrar of the High Court shall preside at the sale, and
shall take biddings for the lands; each bid being written
down and signed by the bidder, and the highest bidder shall
be accepted as the purchaser. When a higher bid has been
made and accepted, the lower bids shall cease to be bind-
ing, even if the higher bidder fails to carry out the purchase.

Payment of price. 79. Such a deposit shall be forthwith paid by the pur-
chaser as the Court shall have fixed in settling the articles of
sale, being not less than one-fourth of the whole, and the
balance of the price shall be paid as may be arranged
between the Registrar of the High Court and the purchaser,
but in no case shall a longer delay than three months be
granted for the purpose.

On non-payment
of price, new sale
to take place.

80. Should the price not be paid, the land shall, if
need be, be anew exposed to sale at the cost of the accepted
purchaser, to be paid out of the money deposited. If a high-
er bid than formerly be received, the deposit, less the costs
of the second sale, shall be returned to the first purchaser,
but should a less sum be offered, the difference shall, in
addition to the costs, be retained out of the deposit before
any balance be returned to the first purchaser, and in like
manner with successive sales.

Scheme of 81. SO soon as the price has been completely paid,
division.

the Registrar of the High Court shall draw up a scheme of
Secondschedule. division of the price, as in Form 18 in the Second Schedule
Form 18.

and the mortgagee or incumbrancee who is prosecuting the
sale shall, in like manner as was done for the settling of the
articles of sale, call the mortgagees and incumbrancees and
all parties interested before the Court, and the Court shall
settle the scheme of division and direct the Registrar of the
High Court to pay the amounts to the respective persons
preferred, upon receipt given by them, or those acting for
them, opposite to their names in the scheme of division.

LAWS OF ANTIGUA AND BARBUDA

Title by Regzstration (CAP. 429

82. The Court shall, at any time after payment of the Issue of newcer-
tificate of title price, and not later than the settling of the scheme of divi- ,nersalewith

sion, order and direct the Registrar of Titles to issue to the resewed incum-
brances noted accepted purchaser a certificate of title to the land sold, free thereon.

from any noting of the mortgages and incumbrances and
caveat of seizure on the former certificate of title, except
those incumbrances which have been reserved under sec-
tion 77 (the date of the new certificate of title to draw back
to the day on which the offer was accepted), and to cancel
the former certificate of title (the duplicate of which shall
be delivered up to the Registrar of Titles by the former reg-
istered proprietor); and the land contained therein shall,
thereafter, be held fully and completely freed and purged
from the former mortgages and incumbrances, except
those reserved as already provided for.

83. The registered proprietor, or his attorney or F;$z2may
manager on the spot, shall, as a general rule, be named by ,,;,in &arge
the bailiff to take charge of the property seized, and, during ; ~ ~ ~ P , ' ~ ~ ~ ~
the necessary delay and until the land be sold, shall carry on and ,ate, but
the cultivation of the land, and the preparing and reaping receiver maybe

appointed.
of the crops, as before the seizure, but where, from the
necessity of obtaining advances for the pay of labourers or
otherwise, and the stoppage of his credit, the registered
proprietor shall not be in a position to do so, then the mort-
gagee or incumbrancee who has made the seizure shall
apply to the Court to appoint a receiver to manage and
carry on the land or estate until a sale be effected, or the
seizure paid off.

84. The registered proprietor may, at any time up to Debt be aid
up to noon orday

twelve of the clock of the day preceding the day of sale, pay precedingday of
off the seizure, by depositing in Court the amount of the
sum due under the mortgage or incumbrance, and the costs.

85. Should the creditor, after the sixty days provided $~~~,"~i',?'de
in the notice to Dav off have run out, not proceed to seizure limited.

L z

within twenty-one days, he shall serve a new notice to pay
off, and the procedure shall have the same course as before.

86. If there be more than one seizure, the mortgagee ~~~~",R,F&D~~~O
or incumbrancee who shall first present the caveat of sate.
seizure to the Registrar of Titles shall have the carriage of
the sale, unless the Court shall otherwise order.

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 429) Title by Reg-istration

Effect of seizure
on leases and

87. Any lease for less than three years of any portion
rents. of the land seized made after the seizure shall be ipso facto

null, and no lease for three years or upwards can be regis-
tered in face of the caveat of seizure. All rents due for any
portion of the land seized shall be paid, after seizure, into
the Registry of the High Court.

Payment of
solicitor having

88. The solicitor having the carriage of the sale shall
carriage of sale. be remunerated, over and above the sums of money actually

paid out of pocket, by a percentage upon the sale price in
full payment of costs against the registered proprietor or
the mortgagee or incumbrancee of the land and estate in any
manner or way, from the date of the notice to pay off until
the completion of the scheme of division and the issuing of
the certificate of title in favour of the purchaser.

Percentage 89. The percentage payable to the solicitor having
payable to
solicitor. the carriage of the sale shall be according to the proportion-
Fifth Schedule. ate amount set forth in the Fifth Schedule.

Taxation and pay-
ment of costs.

90. The total costs, including both the sums actually
paid out of pocket and the percentage on the sale price,
shall be taxed by the Registrar of the High Court and pub-
licly notified at the time of adjusting the scheme of division,
and the amount shall form the first item in such scheme in
the name of the solicitor having the carriage of the sale,
after the sums, if any, due to the receiver.

Adjournment of 91. Should no bidders appear on the day of sale, or
sale.

no bidders to offer the upset price, or on other strong
grounds of necessity or expediency, the Registrar of the
High Court may, of his own motion, adjourn the sale either
to a day to be fixed or sine die, and he may also so adjourn
the sale either at the instance of the registered proprietor,
or the mortgagee or incumbrancee prosecuting the sale, or
any other mortgagee or incumbrancee, if the reasons set
forth by them for the adjournment appear to be serious and
well founded in the interest of all parties.

Announcementof adjour ed sale. 92. When the sale has been so postponed, another
day shall be fixed by the Court, either at the request of the
Registrar of the High Court, or on the motion of the mort-
gagee or incurnbrancee prosecuting the sale, or of the regis-

LAWS OF ANTIGUA AND BARBUDA

Etle by Repstration (CAP. 429 39

tered proprietor, and with or without any alteration of the
upset price, or of the announcements of sale, as may be con-
sidered best adapted to ensure a sale of the land and estate,
and on such publication of the announcement of the
adjourned sale as the Court may order.

93. The mortgagee or incumbrancee prosecuting 2;:f~~$;~.
the sale may bid, and all other mortgagees and incum-
brancees; but the following persons are incapacitated from
bidding or purchasing either in their own persons or by
means of a third party; viz., any Judge of the High Court,
any Registrar of the High Court or any of his clerks, the
solicitor having charge of the sale, and any person notori-
ously in insolvent circumstances. Any bidding or purchase
made by, or on behalf of, any of the above persons, shall be
absolutely null and void.

94. Any question arising in the course of a sale of Questionsarising
m course of sale

land or estate, from the time of serving the notice to pay off be settled by
till the completion of the scheme of division and distribu- thecourt.
tion of the price, either between the registered proprietor
and the mortgagee or incumbrancee prosecuting the sale,
or between either of the said parties and any receiver
appointed by the Court, or between any other mortgagees
and incumbrancees themselves, or between any other credi-
tor and any of the parties named, or any one pretending
right to any of the property seized, shall be heard and deter-
mined by the Court in such manner as the Court may direct.

CROP ADVANCE WARRANTS

95. The security of the mortgagee and incum- ~ ; ;~~~~ ;~~ ;
brancee over the land, stock, growing crop, and other .,tendovercrop
things accessory to the land, hereinbefore enumerated, whenrea~ed.
shall not be held to extend over the crop when cut or
plucked, but the mortgagor or incumbrancer shall deal
therewith as a good husbandman to sell the crop to the best
advantage, and shall, from the first and readiest of the moneys
realized therefor. ~rovide for the Davrnent of the interest

' I I i

due, or to become due, on the mortgages and incumbrances
for the year, and for payments constituting incumbrances.

96. The registered proprietor shall be at liberty to
deal with the sugar, cocoa, coffee or other crop in order that ,,,t .fadvances.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Etle by Regzstration

On sale of land
by mortgagee,
crop advance
warrant to have
preference.

Effect of crop
advance warrant.
Second Schedule
Form 19.

Holder of crop
advance warrant
may take
possession of
crop.

it may be a pledge for the repayment of advances made for
the purpose of providing the labour and supplies essential
to the production of the crop:

Provided that up to the period of the crop ceasing to be
a growing crop, the right of the mortgagee or incum-
brancee, under his pledge of the land and estate, to seize
and sell the land with the growing crop belonging to the
registered proprietor, is preferable to all others.

97. Where the land of the registered proprietor has
been seized and sold by any mortgagee or incumbrancee,
after the advance of the whole or a portion of the sum in a
crop advance warrant, as provided for in the next succeed-
ing section, for the crop then 'on the ground, the holder of
the crop advance warrant shall be repaid out of the sale
price preferably to any creditor other than the receiver and
the solicitor having the carriage of the sale shall be ranked
in the scheme of division accordingly.

98. The registered proprietor may grant a crop
advance warrant in Form 19 in the Second Schedule, and the
meaning and effect of such document shall be that, so soon as
the sugar cane is cut, or the coffee, cocoa or fruit plucked
from the tree, or the other crops have been taken from the
plants or ground, so as to have ceased to be growing crops,
they shall be a pledge for the repayment of the amount set
forth in the crop advance warrant; and the buildings or places
where the sugar is drained and stored, or the coffee or cocoa
or other crop is prepared for market or stored, whether such
buildings or places be on the land and estate, or in town or
elsewhere, shall be held to be the joint warehouse or store of
the registered proprietor and the holder of the crop advance
warrant, and the registered proprietor shall hold the same for
himself and the holder of the crop advance warrant.

99. The holder of the crop advance warrant may take
possession of the crop at any time after it becomes subject to
his right, or he may place a person to represent his interest
in joint charge with the registered proprietor, but where the
holder of the crop advance warrant does not take possession
of the crop, it shall, for the purposes of sale and turning
into money, be at the disposal of the registered proprietor,
who shall account for the same to the holder of the crop
advance warrant, and repay the crop advance.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 4 1

100. When the holder of the crop advance warrant Holderofcrop
advance warrant shall take possession of the crop, he shall in like manner toaccount to

account for the proceeds of the same to the registered pro- proprietor.
prietor, and repay to him any balance after paying the sums
due under the crop advance warrant.

101. If the grantor of a crop advance warrant shall F ' ; L ~ ; T I ~
deal with the sugar or other crops, and shall, with intent to ofc ,p~thout
defraud, appropriate the proceeds solely to his own use, !;;;",7"~
without paying the holder of the crop advance warrant, he
shall be deemed guilty of larceny, and shall be subject to
trial and punishment accordingly.

102. When the crop over which the crop advance war- ii,":f"fi"cient to
rant extends has been sold or disposed of, an account shall be ,payadvance,
made up between the holder thereof and the registered pro- Fzz:;,b;taof
prietor, and the balance, if any, retained by or paid over to proprietor.
the latter; but if there shall be a balance owing to the holder
of the crop advance warrant, it shall be a debt due by the reg-
istered proprietor personally, and, subject to the provisions of
Part VI, shall not be a charge upon the land or estate:

Provided that it shall always be lawful for the registered
proprietor to grant a mortgage for the said balance, which
shall take its place in the order of its date, or to guarantee
payment of the said balance by the deposit of the certificate
of title by way of equitable mortgage protected by caveat.

103. Crop advance warrants may be transferred by Crop advance war- rants transferable,
special or blank endorsements in the same manner as bills and may be
of exchange, and may be granted by lessees in the same g+antedb~lessees.
manner as if they were registered proprietors of the land
leased.

104. Crop advance warrants shall be registered, with- Registration of crop advance
in thirty days of their date, in the register of bills of sale, and
shall take precedence and priority according to their date of
registration, both among themselves and in relation to bills
of sale which may be registered in the same register.

105. (1) Whenever any sum secured by a crop ~ ' ~ , " ~ ' ~ f O r
advance warrant is due and owing to the holder thereof, or payments due
whenever any sum of money promised to be advanced is :',d:ic',"zmant.
due to the grantor of a crop advance warrant, it shall not be

LAWS OF ANTIGUA AND BARBUDA

42 CAP. 429) Title by Registration

necessary for such holder or grantor to sue upon such crop
advance-warrant, but, if such holder or gantor shall
three clear days notice to the person from whom he seeks to
recover the said sum of his intention to apply to the Registrar
of the high Court to issue execution for the recoverv of the "
sum so due or withheld, and calling upon him, if he has any
reason to give why execution should not issue, to send notice
thereof to the Registrar of the High Court with an affidavit
verifjllng the facts on which he relies, and giving him notice
that, if he fails to do so within three days, execution will issue,

second Schedule the said holder or grantor may apply in writing, ill Form 20 in Form 20.
the Second Schedule, to the Registrar of the High Court to
issue execution for the sum so due and owing as aforesaid,
and the Repistrar of the High Court shall, on recei~t of such " "
application, together with an affidavit of service of the notice
aforesaid satisfying him that all the requirements of this sec-

Second Schedule
F O ~ 21. tion have been complied with, issue execution, in Form 21 in

the Second Schedule, for such sum as is hereinafter provided.

(2) If the said Registrar has received no notice of any
reason why he should not issue execution, or if, in his opin-
ion, no good reason is shown why such execution should
not issue, he shall issue execution for the whole amount. If
it shall appear to the said Registrar that the reasons
advanced why execution should not issue apply only to a
part of the amount named in the application, he shall issue
execution for such part of the said amount as the reasons
advanced do not apply to:

Provided that the said Registrar shall not issue execu-
tion for any part of the amount named in the application as
to which, in his opinion, good reason is shown that execu-
tion shall not issue; but, for the recovery of any such sum,
the person making the application shall bring his action in
the ordinary way.

(3) No such notice as in this section is mentioned
shall, except by leave of the Court, be served on any person
who is not within Antigua and Barbuda; which leave may be
granted by the Court, subject to such conditions, and with
such directions as to time and manner of procedure as to
the Court shall seem fit.

(4) On execution being issued by the said Registrar,
the same steps may be followed in all respects as if execution

LAWS OF ANTIGUA AND BARBUDA

Title by Regzstration (CAP. 429

had issued after judgment in the High Court in favour of
the holder of the warrant, or of the grantor.

Judgments

106. (1) Where any registered proprietor, mort- Order of sale in
satisfaction of

gagee or incumbrancee, or the estate or right of any regis- judgpentdebt.
tered proprietor, mortgagee or incumbrancee in or over
any land brought under this Act, is liable to the payment of
a judgment debt, the Court may, at any time after the date
of the judgment, on the application of the judgment credi-
tor, make an order for the sale of the estate or right of such
registered proprietor, mortgagee or incumbrancee in or
over the said land:

Provided that, if it is proved to the satisfaction of the
Court that the estate or right in question is of the value of
two thousand four hundred dollars or upwards, or where
the application is for the sale of the estate or right of a regis-
tered proprietor, that, of the land in question, forty acres or
more are under cultivation, no order of sale shall be made
hereunder, except with the consent of such registered pro-
prietor, mortgagee or incumbrancee, until the expiration of
six months after the date of the application:

Provided further, that, on any such application, the
Court instead of making an order of sale may order the
amount due to be levied by the appointment of a receiver,
or otherwise as it shall think fit.

(2) In this section-

"judgment" means judgment entered in the High
Court:

Provided that any other judgment to which
the provisions of section 8 of the Judgments Act Cap.227.
apply, and in respect of which the provisions of the
said section have been complied with, shall also be
deemed a judgment within the meaning of this
section: and

"judgment creditor" means any person to whom any
money, including money due for costs, is for the
time being payable under any such judgment.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 429) Title by Regstration

Sale in satisfaction
of judgment debt.

Transfer on sale
in satisfaction of
judpent debt.
Second Schedule
Form 22.

Judgments, how
made a charge.

107. When an order of sale is made under the last
preceding section, the estate or right thereby ordered to be
sold shall be sold accordingly at public auction, at such time
and place, in such manner, upon such conditions, and after
such advertisement as the Court, by the same or any subse-
quent order, may direct, and the proceeds of the sale shall
be paid into Court, and shall be applied in satisfaction of
the judgment debt and the subsequent costs and expenses.

108. Whenever any estate or right is sold under the
last preceding section, the Registrar of the High Court shall
execute a transfer thereof to the purchaser in Form 22 in
the Second Schedule, or in such other form as the Court
may direct; and the Registrar of Titles, upon such transfer
being presented to him, by or on behalf of the purchaser,
shall, in the same manner as if the transfer had been executed
by the registered proprietor, mortgagee or incumbrancee in
question, proceed, in accordance with the provisions of
Parts IV and V, according to the circumstances of the case,
either, if it is the estate or right of the registered proprietor
which has been sold, to cancel the existing certificate of title
and to issue a new certificate of title with all the mortgages
and incumbrances affecting the land duly noted thereon, or
if it is a mortgage or incumbrance which has been sold, to
note the transfer on the existing certificate of title; and the
duplicate certificate of title, in whose hands soever the same
may be, shall, on the demand of the Registrar of Titles, be
delivered to him, in order, according to the circumstances,
that the same may be cancelled, or that the transfer may be
noted thereon.

109. A judgment for the payment of any money or
costs shall constitute such money or costs a charge, subject
to charges having a priority, upon the estate or right of any
registered proprietor, mortgagee or incumbrancee in or
over any land brought under the operation of this Act as
soon as-

( a ) the person entitled to the benefit of such
judgment has filed an application to the Court under
the Judgments Act for an order for the levying of such
money or costs or part thereof by sale of such estate
right or otherwise, and all further proceedings in

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (W. 429 45

connection with such judgment shall be governed by
the provisions of that Act, and

(b) the Registrar of Titles shall have noted such
application upon any relevant certificate of title in his
custody.

110. (1) The Registrar of Titles upon making such f;y,";,t
notation as aforesaid, shall call upon the person having cus- duplicate
tody of the duplicate of any such certificate of title men- cedificate.
tioned in the last section to produce it to him forthwith.

(2) Upon production of the duplicate certificate the
Registrar of Titles shall endorse thereon the same notation
of the application as appears on the original certificate of
title in his custody and the date of such notation thereon,
for the purposes of priority, shall draw back to and rank as
from the date of filing as entered on the original certificate
of title aforesaid.

PART VII

Caueats

1 . A caveat shall, subject to the provisions of sec- FO" Of caveat.
tions 16 and 74, be in Form 23 in the Second Schedule and eg:F
shall be verified by the oath of the caveator, or his solicitor,
or person acting under the power of attorney of the
caveator, and shall contain an address within Antigua and
Barbuda at which notices may be served on the caveator.

112. Any person claiming to be entitled to stay the z , " z ~ ~ ~ ~ ~ ~ ~ ~
registration of any dealing in land, until his rights therein
shall be recognized and registered, may present a caveat to
the Registrar of Titles.

113. The Registrar of Titles shall register such caveat Caveat to be
noted on

in the same form and manner as an incumbrance affecting certificate
the land set forth in the caveat, and the date of registration litLe.
shall be the date of the presentation of such caveat, and, for
the purpose of such registration, the Registrar of Titles shall
have the right to demand the duplicate certificate of title
from the possessor thereof, in order that the caveat may be
noted thereon as well as on the duplicate in the register.

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 429) Title by Registration

Notice of caveat
to be sent to

114. Where the caveatee is not the person in posses-
caveatee. sion of the certificate of title, and would not necessarily by

such proceedings receive notice of the caveat, the Registrar
of Titleg shall forthwith send notice to him, by post, of the
presentation of such caveat.

Effect of
registration of

115. After the registration of a caveat, and so long as
caveat. it shall remain in force. the Registrar of Titles shall not reg-

u u

ister any dealing with the land embraced therein, until the
caveat shall be removed.

Caveator may
withdraw caveat.

116. A caveat may be removed by the caveator, at any
time, by presenting to the Registrar of Titles an order of

SecondSchedule withdrawal in Form 24 in the Second Schedule, subject to
Form 24.

any demand for costs and damages which the caveatee may
make in the manner hereinafter provided.

Caveatee may give
order of removal.

Second Schedule
Form 25.

117. A caveat may be removed by a caveatee by his
sending the Registrar of Titles an order of removal in Form
25 in the Second Schedule and containing an address within
Antigua and Barbuda, where notices and letters may be
addressed to or served on the caveatee, and, upon receipt of
such order of removal, the Registrar of Titles shall note on
the same the day and hour at which it was received, and shall
give written intimation to the caveator, at the address given
in the caveat that, at the expiry of twenty-one days from the
date noted on the order, he will enter the order of removal
in the presentation book, and will proceed thereon to cancel
the caveat on the duplicate certificate of title, unless, before
the expiry of such period as aforesaid, there shall be pre-
sented to him an order of a Judge, sustaining or continuing
the caveat for a time specified, or otherwise dealing with the
caveat so as to require its continuance on the register.

Caveator may
apply to Court to

118. The caveator may, at any time and without any
sustaincaveat. notice from the Registrar of the receipt of an order of

removal from the caveatee, apply to the Court to sustain
such caveat, and to order its continuance on the register,
either until some question of right has been determined
between the caveator and the caveatee, or till such time and
in such manner as may be ordered by the Court, and the
Court, after such notice to the caveatee or service upon him
as may appear sufficient, may proceed to hear the parties,

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 47

or, in the absence of the caveatee if he does not appear, to
deal with the case as may appear just.

119. The caveatee may, in like manner, and without Application to
Court to remove sending any order of removal to the Registrar of Titles, caveat.

apply to the Court to have the caveat removed by order of
the Court.

120. Any person lodging any caveat with the Caveatorliablein
damages. Registrar without reasonable cause shall be liable to make

any person who may have sustained damage thereby such
compensation as may be just, and such compensation shall
be recoverable in an action at law by the person who has sus-
tained damage from the person who lodged the caveat.

12 1. All orders sustaining, continuing, or removing m ~ r d e n o f
Court relating to caveats, and all other orders of the Court relating thereto, c.a,tobe

shall be presented to the Registrar of Titles by the person in noted.
whose favour they are given, or on his behalf, and shall be
noted by the Registrar of Titles on the duplicate certificate
of title as of the date of such presentation.

122. No second or other caveat shall be lawful, at the :b",';,",",:,","~t
instance of the same person, in relation to the same matter, from the same
and the Registrar shall refuse to receive or note the same on person.
the register.

123. The Registrar of Titles may, of his own motion, g~;,"~:;";
enter a caveat upon the register, either to protect the rights of enter caveat.
the Crown, or the rights of any person under legal disability
or absent from Antigua and Barbuda, or for any good, valid
and sufficient reason to him appearing which may require
him to act in such a manner in the interests ofjustice, and he
may also enter a caveat, when it shall appear to him that any
error has been committed in regard to any certificate of title,
or any noting thereon, in order to prevent dealing with the
said land until such error shall have been corrected.

Registration and Confirmation of Qualified and Possessory 7 ' i tb

REGISTRATION OF QUALIFIED TITLES AND
POSSESSORY TITLES

124. An application for the issue of a first certificate ~~,p:k,":~p [or
under this Part may be made by such persons, and shall be

LAWS OF ANTIGUA AND BARBUDA

48 CAP. 429) Title by Registration

made in such manner and subject to such notice, and be
supported by such examination or evidence of the title to
the land as may be prescribed.

Certificate of
qualified title.

12%. (1) A certificate of qualified title may be issued
in the name of any person, if, on the prescribed examina-
tion of title, he appears to the Judge to be entitled, at law or
in equity, as owner to such estate in the land as in this sec-
tion mentioned, whether subject or not to incumbrances,
and whethe; for his own benefit or not.

(2) On the issuing of a certificate of qualified title, the
registered proprietor of the land shall have the same estate
in the land as a registered proprietor with an indefeasible
title under the preceding provisions of this Act, except that
the title shall be subject to any qualifications endorsed on
the certificate of title as respects the reservation or excep-
tion of any right arising before a specified date, or arising
under a specified instrument, or otherwise particularly
described in the certificate.

Certificate of
possessory title.

126. (1) A certificate of possessory title may be
issued in the name of any person, if, on the prescribed evi-
dence, it appears to the Judge that he is prim6 facie entitled
to the land as owner, and that he, or some person for whom
he holds the land in trust, is, or would but for some incum-
brance be, in possession of the land.

(2) The issue of a certificate of possessory title shall
not prejudice the enforcement of any right adverse to, or in
derogation of, the title of the person in whose name it is
issued, and subsisting or capable of arising at the date of the
certificate, but, save as aforesaid, the registered proprietor
shall have the same estate in the land as a registered propri-
etor with an indefeasible title under the preceding provi-
sions of this Act.

(3) ( a ) In any case where an application for a certifi-
cate of possessory title has been made, the Judge may,
if he thinks fit, require the Magistrate to the district in
which the land is situated to enquire as to the posses-
sion of the applicant and any other matter calling for
local enquiry.

LAWS OF ANTIGUA AND BARBUDA

Title by Regstration (CAP. 429

( b ) The Judge may direct whether such enquiry
shall be with or without any and whatjury, and generally
in what way it shall be held, and as to the procedure
thereat.

(c) If the enquiry is with a jury, the Provost
Marshal shall, on receipt of notice by the Magistrate,
summon the necessary number ofjurymen at the place
and time appointed by the Magistrate for holding the
enquiry.

(d) When the land is partly in one district and
partly in another district or districts, the Judge may
direct an enquiry to be held in all or any of them as to
the whole or any part of the land.

(4) Subject to the foregoing provisions, the Magistrate
shall, for the purposes of procuring the attendance of wit-
nesses, and for other matters and things connected with
such enquiry, have the like powers as are given him under
the Magistrate's Code of Procedure Act in matters within his Cap. 255.
summary jurisdiction (criminal).

127. The term "certificate of title" in the other Parts tphP,'C'p"z::*is
of this Act shall include certificates of possessory title and cer- Act to certificates
tificates of qualified title; and all the enactments contained
in the other Parts of this Act with reference to certificates of
title and any proceeding with reference to the same (save
and except so much of section 4 which enacts that, immedi-
ately after the issue of a certificate of title, all deeds upon
which the land to which the certificate of title relates has
been theretofore held, or by which any mortgages or incum-
brances upon the said land were shown to exist, shall cease
to have any force or effect, and any provisions of any other
Parts of this Act wliich are inconsistent with the provisions
of this Part) shall, with such modifications as may be neces-
sary, apply to certificates of possessory title and certificates
of qualified title and all proceedings under this Part:

Provided that no person in whose name a certificate of
qualified title or a certificate of possessory title is issued, or
who derives title from any such person, or from any noting on
any such certificate, shall have, or shall by any dealing with
the same, confer any greater right than by such certificate is
given to the person in whose name the certificate is issued.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Regzstration

Application
of forms to
certificates of
possessory and
qualified title.
Second Schedule.

Certificate may be
cancelled.

Power to apply
for examination
of possessory or
qualified title.

Application for
confirmation of
possessory or
qualified title.

128. The forms contained in the Second Schedule,
with such alterations (if any) as may be prescribed or neces-
sary, may be used in relation to certificates of qualified or
posse:sory title:

Provided that, at the head of every such form, there
shall be printed the words "Qualified Title" or "Possessory
Title" as the case may be.

129. Where, at the hearing of any action or other-
wise, it is shown to the satisfaction of a Judge that any per-
son holding a certificate of qualified or possessory title is
not entitled to hold such certificate, the Judge may direct
the certificate to be cancelled and order the person holding
the duplicate thereof to deliver up the same to the
Registrar; and on any application to cancel any such certifi-
cate, the Judge may order any issue or issues to be tried in
such manner and at such time as he may think fit.

CONFIRMATION OF POSSESSORY TITLES AND
QUALIFIED TITLES

130. The Registrar may, on the application of a per-
son in whose name as owner a certificate of qualified title or
a certificate of possessory title has been issued, submit his
title to a Judge, who thereupon may, according to the
nature of the evidence adduced, direct the issue of a certifi-
cate of title under Part 11, or a certificate of qualified title as
on first registration.

131. (1) Any person, in whose name as owner a cer-
tificate of possessory title or of qualified title has been
issued, may apply to the Registrar for the issuing of an inde-
feasible title under Part 11, or of a certificate of qualified
title, after the expiration of five years from the date of the
first publication of the notice in section 132 mentioned,
unless due cause is shown in the meantime why such certifi-
cate should not be issued.

(2) The application for the issue of a certificate under
this section shall be accompanied by an affidavit in such
form, by such persons, and with such information as to title
and other particulars, as may be prescribed, and shall include
a statement to the effect that the deponent has made due

LAWS OF ANTIGUA AND BARBUDA

Title @ Registration (CAP. 429 51

enquiry into the title, is not aware of any question or dispute
as to the title, except such (if any) as is specified in the affi-
davit, and believes that, except as aforesaid, the issue of the
certificate applied for will not prejudice any estate, right, or
interest of any other person in, to, or over the land.

132. (1) On the receipt of an application accompa- P':;;ticeon
nied by the requisite affidavit, and on the deposit by the application.
applicant of such sum as may be directed by the Registrar
for the purpose of covering the expenses of and consequen-
tial on the application, the Registrar shall publish and serve
notice of the application having been made.

(2) Publication of the notice shall be made by such
advertisements, local notices and other means as may be
prescribed, or as the Judge or Registrar may in any particu-
lar case direct; and shall take place during the month of
November next after the application, and during the month
of November in each of the four years succeeding the first
publication; and the date of the first publication shall be
ascertained and conclusively determined by the Registrar in
the prescribed manner.

(3) Service of the notice shall be made by serving in
the prescribed manner a copy thereof on any person who,
in the opinion of the Registrar, ought to receive notice and
is capable; and the notice shall be served as soon as is rea-
sonably practicable after the publication of the notice in the
last of the said five years.

133. (1) Any person desirous of showing cause E:lzf;pg
against the issue of a certificate of title under sections 130 to confimation
135 may, at any time within the period of five years from the of title.
date of the first publication of notice of the application for
the issue thereof, petition the Registrar, subject to the pre-
scribed conditions as to security for costs and otherwise.

(2) On receipt of the petition, the Registrar shall place
the same before the Judge, and shall make such enquiries as
to the matters in the petition alleged as the Judge shall
direct, and the Judge, or the Registrar by his direction, may
summon such witnesses and take such steps as are necessary
to satis@ the Judge as to the sufficiency of any cause shown
in the petition against the application.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration

(3) A petition under this section may be presented by
any person alleging that he has cause to believe that the
issuing of a certificate of title under sections 130 to 135
would prejudice the right of some person absent from
Antigda and Barbuda, or of some unborn person, or of
some person as to whom it is not known whether he is alive
or dead, or of someone claiming under or in succession to
such a person.

(4) Where it appears to the Judge that the right of any
person absent from Antigua and Barbuda may possibly be
prejudiced by the issue of a certificate of title under sections
130 to 135, he shall take such means for protecting his inter-
est as may be prescribed, or as appear to him in any particu-
lar case to be proper.

Confirmation of
title at expiration

134. (1) Within the prescribedltime after the expi-
of time. ration of the period of five years from the date of the first

publication o i the notice of application for the issue of a
certificate of title under sections 130 to 135, the applicant
may finally apply to the Registrar to issue the certificate of
title applied for.

(2) The final application shall be accompanied by an
affidavit in such form, by such persons, and with such partic-
ulars, as may be prescribed, and shall include, with respect
to its date, the like statements as are required in the affidavit
accompanying a first application.

(3) On receipt of the final application accompanied
by the requisite affidavit, if cause has not been shown
against the issue, or if the cause shown against the issue is
not, in the opinion of the Judge, sufficient, the Registrar
shall, unless he is satisfied that the certificate ought not to
be issued, issue a certificate of title under Part 11, or a certifi-
cate of qualified title as the case may be.

(4) From and after the date of the issue of a certificate
of title under section 130 to 135, the title of a registered pro-
prietor shall be the same as if such certificate kid been
issued on the day when the Registrar received the first appli-
cation for the issue thereof.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 53

(5) If, by reason of the issue of a certificate of title
under sections 130 to 135, any person is deprived of any
estate or right in, to, or over the land, or any money
charged on the land, the person in whose name the certifi-
cate of title is issued, his executors and administrators, shall
be liable to pay that person, his executors, administrators,
or assigns, compensation for the same.

(6) If on the receipt of the final application for the
issue of a certificate of title under sections 130 to 135, the
Registrar is satisfied that the certificate should only be
issued subject to certain exceptions or reservations, or as
respects part only of the land, the Registrar shall issue the
certificate of title either subject to those exceptions or reser-
vations, as on first registration of a qualified title, or as
respects that part only of the land.

(7) In the event of any change of ownership of the
land during the period between the date of an application
for the issue of a certificate of title under sections 130 to 135
and the issue of such certificate, the application shall not be
deemed to have determined, but the person to whom a cer-
tificate has been issued as successor in title of the applicant
may, if he thinks fit, proceed with the application as if he
were the original applicant.

(8) All mortgages and incumbrances endorsed on the
original certificate of title shall be endorsed on the certifi-
cate of title issued under sections 130 to 135, and, subject to
any entry to the contrary on such certificate, the issue of
such certificate shall enure for the benefit of any such
mortgagee or incumbrancee.

135. (1) Where a certificate of possessory title or Confirmation of title to
qualified title has been issued, and any incumbrance or inC,branc,,.
mortgage is endorsed thereon, the incumbrancee or mort-
gagee may, if he thinks fit, after notice to the person in
whose name such certificate has been issued, apply to the
Registrar to have a certificate issued under sections 130 to
135, and thereupon all the provisions of the said sections
shall apply, as in the case of an application by a person in
whose name the original certificate was issued.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Regxstration

(2) The costs of any proceeding under this section
with respect to an incumbrance shall be added to the
incumbrance.

Powers and Duties of Regastrars of Titles, and mode of Reviewing
their Decisions

Registrar of High
cowt to be 136, (1) The Registrar of the High Court shall be,
Registrar ex officio, the Registrar of Titles.
Titles.

(2) All notings by any Registrar of Titles may be done
either by his own hand, or by the hand of one of his clerks,
or by means of a rubber stamp if such notings be.duly
signed and authenticated by such Registrar.

Registrar may
state a case for

137. Whenever any question shall arise with regard
decision of court to the performance of any of the duties, or the exercise of
inquestions any of the functions, by this Act conferred or imposed upon arising under
this A C ~ . a Registrar of Titles, or if, in the exercise of any of the duties

or powers hereby conferred upon him, any question of diffi-
culty or importance shall arise, it shall be competent for
him to state a case to the Court, and the Court, after hearing
the Registrar of Titles and the parties interested, if after due
notice or citation they appear, or in their absence, if after
such notice or citation they fail to appear, shall give such
order and directions thereupon as shall appear just.

Registrar to obtain 138. The Registrar of Titles may at all times take the
direction of Cowt
upon questions of advice, opinion, or direction of the Court upon questions of
difficulfy-Powers difficulty, even where there are no contending parties, and
of Court.

may request that such advice, opinion, or direction be given
in writing to be preserved along with the papers connected
with the issue of a certificate of a title, or noting of mort-
gages or incumbrances; and where no special procedure has
been provided by this Act for any case with regard to placing
on the register, or removing therefrom, the title of any per-
son to any land, or any mortgage or incumbrance, or any
fact in regard thereto which ought to be registered, or the
registration of which ought to be altered, the Court shall
give directions in regard thereto, according to the intent
and meaning of this Act, and with the view of carrying out
the objects for which it was framed in the true spirit thereof.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (W. 429 55

139. If any person shall be dissatisfied with any act, Yarn ag,piev:d
by act o Repstrar omission, refusal, decision, direction, order, noting, or ,ayb"n

other completed proceeding of a Registrar of Titles affect- ytion$erore
t e Court. ing the right of such person to any land, or any mortgage or

incumbrance thereon, or any caveat in relation thereto,
such person may apply to the Registrar of Titles to set forth
in writing the grounds upon which he proceeded, and,
thereupon, such person may bring any question in relation
thereto before the Court by summons served on the
Registrar of Titles, and the Court shall hear and determine
the question at issue, and give such order and directions
thereupon as may appear just.

140. In case it shall appear to a Registrar of Titles k:;",~
that any certificate of title has been issued in error, or con- may
tains any misdescription of land or boundaries, or that any returnof

certificate of title
noting of any mortgage or incumbrance or otherwise has to~egstrar, &c.
been made in error, either wholly or as to any part thereof,
or that the certificate of title, or noting thereon, has been
obtained by fraud, or that any certificate of title has been
fraudulently obtained or is fraudulently retained, he may
require the duplicate certificate of title issued from the reg-
istry to be returned for correction, or to be delivered to the
true owner thereof, and, if the person so required shall fail
to return the certificate of title. or to deliver the same to the
true owner, the Registrar of Titles may apply to the Court
for a summons to bring the person before the Court for
examination; and the Court may thereupon examine the
person, and may direct the certificate of title to be given up
to the Registrar of Titles or to the true owner thereof, or
may p a n t a warrant for searching for and recovering the
same, or, if the said person shall refuse to be examined or
shall refuse to deliver up the certificate of title, or deliver it
up to the true owner, &her then or at any time ordered by
the Court, may commit the said person to prison for any
term not exceeding six months.

141. At the request of a Registrar of Titles upon peti- court may order
cancellation or

tion or case stated, or in any proceeding respecting any amendmentof
land, or in respect of any contract or transaction relating cedificateof ti*@.
thereto, or in respect of instrument, caveat, or dealing
with land, the Court may by decree or order direct the
Registrar of Titles to cancel, correct, substitute, or issue any

LAWS OF ANTIGUA AND BARBUDA

56 CAP. 429) Title by Registration

certificate of title, or make any noting or entry thereon, and
to do such acts as may be necessary to carry into effect any
judgment of the Court.

Registrar may
require produc-
tion of certificate
of title, and
attendance of
witnesses.

Second Schedule
Form 26.

242. A Registrar of Titles may require any person,
for the purposes of this Act, to produce the duplicate certifi-
cate of title issued to the registered proprietor, and may
make enquiry into any matter affecting titles to land and the
accuracy of the register, and may summon any person
before him for the purpose of giving evidence and explana-
tion in regard to any such matter, and any person refusing
to appear in answer to such summons may be proceeded
against in the same manner as a person refusing to give evi-
dence before the Court. The summons may be in Form 26
in the Second Schedule.

Registrars may
administer oaths

143. Every Registrar of Titles may administer oaths,
and correct or take declarations or affirmations in lieu of oaths, and
errors. may correct errors in the certificates of title registered or

issued, and supply entries omitted.

On proof of loss
of certificate

144. If the duplicate certificate of title issued to any
oftide,new registered proprietor shall be lost, the Registrar of Titles
certificatemay may make such enquiries as he deems necessary in regard
be issued.

thereto, and if he shall come to the conclusion that it is
irrecoverably lost by misadventure, or if the Court shall so
determine, then, without public notice, or after such public
intimation as may be considered reasonable and safe, the
Registrar of Titles may cancel, for the reason to be stated
thereon, the registered certificate of title and issue a new
certificate, in the manner hereinbefore provided, to the
person entitled thereto.

Regjstrar may
require plan to

145. The Registrar of Titles, whenever he deems it
beaaachedto expedient for the better administration of this Act, and
certificate of tide- when such a step is practically possible in the circumstances

of the locality without imposing upon the parties to any
dealing with land a cost out of proportion to the value of
the subject, or the nature of the dealing, may require the
person proposing to deal with land to deposit a plan, map,
or diagram of the land to be dealt with, or to have the land
sketched or delineated upon the certificate of title before
the completion or issue of the same-the said plan, map, or

LAWS OF ANTIGUA AND BARBUDA

Title Registration (CAP. 429 57

diagram to be the work of a licensed surveyor, and, where
there is no licensed surveyor, no map, plan, or diagram is to
be insisted on or required.

Powers of Attorney, Attestation of Instruments, Dealings Abroad
and Married Women

146. A power of attorney intended to authorize deal- :;=;p0werof
ings with land, if executed within Antigua and Barbuda, may
be in Form 27 in the Second Schedule. If executed without E;fphed*e
the limits of Antigua and Barbuda, it may be either in the said
form or in any form in use in the colony, country, kingdom,
or place where the same appears to have been executed.

147. All instruments relating to land executed within Attestation of
instruments

Antigua and Barbuda, shall be attested by one witness, but it executedwithm
shall not be necessary to prove the execution of the instru- e:bc;ayd
ment by any declaration or certificate of such witness.
Wherever the Registrar of Titles shall have occasion to doubt
the authenticity of any signature to any instrument, he shall
make enquiry, and admit or refuse such instrument as he
may deem proper, subject to the direction of the Court if his
decision shall be challenged by the parties interested or any
of them.

148. All instruments relating to land, executed without Attestation and
proof of

Antigua and Barbuda, shall be proved by the declaration or
certificate of the attesting witness before one of the official executedout

of Ant1
persons named in the Third Schedule before whom instru- Barbur and
ments may be proved out of Antigua and Barbuda, or they Thirdschedule.
may be attested, without being proved, by such official per-
son subscribing as a witness to the signature.

149. When a registered proprietor desires to deal z:G$Of
with land situated in Antigua and Barbuda when he is out of registration.
the limits thereof, he may apply to the Registrar of Titles to
close the registration as regards the land contained in his
certificate of title until such time as may be agreed upon, or
the return of the certificate of closing of registration here-
inafter provided for, and the Registrar of Titles shall there-
upon note on the certificate of title in the register that the
registration in regard to that certificate is closed within

LAWS OF ANTIGUA AND BARBUDA

58 CAP. 429) Title by Registration

Antigua and Barbuda until such note be cancelled, and he
shall likewise append to the duplicate certificate of title in
the hands of the registered proprietor a certificate of closing

Second Schedule of registration in Form 28 in the Second Schedule.
Form 28.

Noting dealings
in land made out

150. When the registered proprietor deals without
o f ~ t i g n a a n d the limits of Antigua and Barbuda with the land contained
Barbuda. in the said certificate of title, he, or the person in whose

favour any memorandum of transfer, mortgage or incum-
brance has been made, may produce such certificate of title,
with the certificate of closing of registration annexed there-
to, to any of the persons before whom such instruments may
be attested, and, upon such person noting upon the certifi-
cate of title a short note of the transaction after the form of
the entries already shown upon the said certificate of title,
the Registrar of Titles shall, upon receipt of the same and
the instrument dealing with the land, cancel the note of
closing of registration, and shall register the dealing as of
the date of the noting upon the certificate of title, and shall,
if the dealing be a transfer, post to the address of the trans-
feree the new certificate of title to be issued in consequence
thereof, or, if the instrument be a mortgage or incumbrance,
shall post to the mortgagee or incumbrancee a certificate
that the mortgage or incumbrance has been duly recorded.

Acknowledgement 151. Where any married woman executes, or signs
of married woman
executing instru- any instrument under this Act as concurring therein, it shall
merit out of be necessary, if the instrument be executed out of the limits
Antigna and
Barbuda. of Antigua and Barbuda, that she appear before a Judge or

other officer qualified to take the acknowledgments of mar-
ried women in the country, kingdom, or place where she
may be, or before any of the official persons appointed for
the purpose of proving or attesting instruments under this
Act, who shall examine her apart from her husband and take
her acknowledgement that she signed the said instrument of
her own free will, and that she did not act under any fear of,
or compulsion from, her husband, and the person taking the
acknowledgement shall sign a certificate thereof.

Execution of 152. Where any instrument under this Act, or any
instrument by
marriedwomanin deed or document relating to land shall be executed by a
Antiguaand married woman within Antigua and Barbuda, or signed by
Barbuda. her as consenting thereto, it shall not be necessary for the

Registrar to require any certificate of acknowledgement of

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 59

the nature above set forth, but, if he has any doubt of the
genuineness of the signature, or has reason to believe that
the instrument was not executed or signed freely and volun-
tarily, he may make such enquiries into the same as he may
deem fit and accept or reject the document presented or
offered for presentation.

153. The provisions of this Part shall apply only in re g ti on of
the case of land brought under the operation of this Act.

Forms, Solicitors, and Scales ofFees

154. The various forms of instruments and other F e e r ~ z p & e ~ -
forms set forth in the Second Schedule shall be printed or foms0f
lithographed, or otherwise prepared to be publicly sold, ghEz,"@;n'Y
and any person, if he so chooses, may himself fill up the &argefeesfor
form of instrument he desires to present to the Registrar of z,"&$richedule.
Titles, but if he shall employ any person to do so other than
a solicitor of the Supreme Court, then such person shall not
be entitled to charge any fees therefor, and may be com-
pelled to return them by summary order of the Court on
the complaint of any one having interest.

155. (1) Where a solicitor is employed to do profes- :,"g;F paid to
sional work under this Act, he shall be permitted to charge
an ad ualorem fee according to the scale set forth in the Fifth Fifth Schedule.
Schedule.

(2) The fee referred to in subsection (1) shall not
include payment for professional work rendered in respect
of contentious litigation arising between parties, or the cus-
tomary commissions payable for carrying through negotia-
tions for purchase, sale or loan.

(3) Subject to the provisions of subsection (2), the fee
referred to in subsection (1) shall cover not merely the fill-
ing up of any form or instrument required to be presented
to the Registrar of Titles, or any other form under this Act,
but also all meetings, correspondence and all other charges
whatsoever which the solicitor might otherwise have legally
made, or which might have been charged before the passing

LAWS OF ANTIGUA AND BARBUDA

GO CAP. 429) Title by Registration

of this Act, in relation to professional work, or any similar
professional work, required to be performed.

(4) If the solicitor and his client are unable to agree
upon the value of the land or incumbrance for the purposes
of this section, the question shall be referred to the
Registrar of Titles who shall fix the said value and for so
doing he may require such evidence by affidavit or otherwise
as he may think fit.

( 5 ) Where the value of the land or incumbrance fixed
by the Registrar of Titles under subsection (4) exceeds four
thousand eight hundred dollars either party, if dissatisfied
therewith, may bring the question before the Court in the
manner provided by section 139.

(6) For the purposes of this section the property value
of incumbrances shall be taken as ten years of the annual
sum chargeable on the estate value or whole value of instal-
ments secured.

(7) It shall be unlawful for any barrister, solicitor or
other person authorized to prepare legal documents, to
charge any fees other than those authorized by this Act for
any legal services rendered in respect of any transaction
connected with land brought under the operation of this
Act, either by contracting out or in any other manner.

(8) Notwithstanding any of the provisions of this sec-
tion, if the Court is satisfied that any professional work of an
exceptional nature has been performed under this Act by
any person enrolled as a solicitor of the Court, and that it is
just and equitable that a fee in excess of the scale of remu-

fifthschedule. neration set out in the Fifth Schedule be charged in relation
to the transaction, the Court may upon application by the
solicitor concerned, allow and fix such additional fee in
respect of such professional work as, having regard to all the
circumstances of the case, the Court may think fair and
reasonable.

Fees of office. 156. In respect of each of the transactions specified
Fou*Schedule. in the Fourth Schedule, the fee specified in the Fourth

Schedule in respect of that transaction shall be paid by

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 6 1

stamps affixed to the document relating to the transaction;
and it shall be the duty of the Registrar of Titles or the
Registrar of the High Court, according to the nature of the
transaction, to see that the proper stamps are duly affixed
and cancelled.

PART XI1

Penalties

157. If any person fraudulently procures, or is privy zz;bf
to the fraudulent procuring of, any certificate of title or certificate
instrument, or of any noting or entry in the register in ~ ~ ; d ~ ~ ; ~ o u r .
respect of any land or title thereto, or in respect of any
dealing with land under this Act, he shall be guilty of a mis-
demeanour, and shall be liable to a penalty not exceeding
fifteen thousand dollars, or imprisonment for any term not
exceeding two years.

158. If any person-

(a) forges or procures to be forged, or assists in
forging, the seal of the Registrar of Titles, or his name
or signature, or the name or signature of any officer of
the Registry of Titles authorized to sign official docu-
ments, to any document, writing, note, or entry, either
kept in the Registry or issued to any registered pro-
prietor; or

( b ) stamps, or procures to be stamped, or assists in
stamping, any instrument or document with any such
forged seal; or

(c) uses fraudulently the true seal of the Registrar
of Titles; or

(6) uses, with an intention to defraud, any instru-
ment, writing, or document upon which any impres-
sion or part of the impression of the seal of the
Registrar of Titles has been forged, or fraudulently
obtained or stamped, knowing the same to have been
so forged, or fraudulently obtained or stamped;

Forgery of seal,
&c, felony.

he shall be guilty of felony, and shall be liable to imprison-
ment, with or without hard labour for any term not exceed-
ing five years.

LAWS OF ANTIGUA AND BARBUDA

62 CAP. 429) Title by Registration

Miscellaneous
Nominal index
of parties to 159. In order to facilitate reference and search
instruments. where one person is proprietor of the lands contained in

more than one certificate of title, and where various mort-
gages, incumbrances and other securities have been grant-
ed, the Registrar of Titles shall enter in a nominal index
every instrument presented to him, both under the names
of the grantors and grantees.

Governor-General
to provide offices. 160. The Governor-General shall see that proper

offices of stone, brick, concrete, or other durable substance
are provided for the Registrar of Titles, for the preservation
of the registers under this Act.

Appointment of
officers. 161. The Public Service Commission shall appoint

whatever officer or additional officers may be necessary for
the effectual carrying out of the provisions of this Act, at
such salaries as may be fixed by Parliament.

and Of 162. The Governor-General shall provide the neces- instruments to be
provided. sary seals, and have the forms required for the carrying out

of this Act, and copies of this Act, properly printed,
lithographed, or prepared, and ready for saleit the bffice of
the Registrar of Titles and at such other places as may be
determined on, and do any other executive act which may
be necessary for putting this Act in operation, or which may
facilitate the working thereof.

Appeal to Court
of Appeal. 163. Any person who may feel aggrieved by any deci-

sion of a Judge in regard to the issue of any certificate of
title, or the noting of any mortgage or incumbrance, or the
refusal to note any mortgage or incumbrance, or as to the
priority of any mortgage or incumbrance, may present to

secondschedule the Registrar of the High Court a claim in Form 29 in the Form 29.
Second Schedule, and the Registrar of Titles shall not issue
any certificate of title, or note or refuse to note any mort-
gage or incumbrance, with respect to which a difference or
dispute has arisen with any one interested or claiming to be
interested, until such decision has been reviewed by the
Court of Appeal.

LAWS OF ANTIGUA AND BARBUDA

Title @ Registration (CAP. 429 63

164. If, on any application for the issue of a certifi- Judge may
refer case to cate of title, questions which the Judge considers difficult A ~ ~ ~ ~ ~ ~ - G ~ ~ ~ ~ ~ ~ .

arise for his decision, he may order the applicant to serve
notice of the application upon the Attorney-General togeth-
er with a statement of such questions, and copies of all such
documents and evidence as the Judge may direct, and there-
upon the Attorney-General may, by himself or some one
appointed by him in that behalf, intervene and oppose the
grant of a certificate, if he is of opinion that it is likely to
result in a successful action for damages against the Crown.

165. ~f any question of fact arise in any application ~ ~ ~ ~ ~ ~ ; t
under this Act the Judge may, if he think fit, direct that such jv.
question be tried by a Judge and jury at the High Court.

166. Notwithstanding the provisions of this Act
empowering a Judge to adjudicate in matters arising there- have questions
under, nothing in this Act contained shall be construed to fT'edbefOrea
take away the right of any person to have any question of jUN'
fact or other issue tried before a Judge and jury in cases in
which, under the Eastern Caribbean Supreme Court Act, Cap. 143.
any person could demand that such question of fact, or
other issue, should be tried before a Judge andjury, had this
Act not been passed.

167. Receivers appointed under this Act shall be Receivers.
appointed in such manner, and receive such remuneration,
as may be prescribed.

168. In order that no lien or security may in any way ~ ~ ; ~ ~ ~ g f , i e n .
affect land, except mortgages and incumbrances which are
borne on the face of the-certificate of title, no consignee of
produce or other person who may provide supplies or
advances to any land or estate shall, from and after the issue
of a first certificate of title under this Act, as regards the
land therein, or, as regards other land throughout Antigua
and Barbuda, from and after the 2nd day of August, 1887,
be entitled under any legal privilege called consignee's lien
or otherwise, to have his claims against the land and estate
paid by preference to other creditors, or to any mortgagee
or incumbrancee, or, on the ground of any such privilege or
lien, to sue out or apply for the sale of any land or estate as
an incumbrancee, but all persons, whether consignees of

LAWS OF ANTIGUA AND BARBUDA

64 CAP. 429) Titb by Registration

produce or otherwise, who may advance moneys or supplies
to any land or estate shall be left to recover the sums due for
the same by ordinary process of law, or by obtaining such
securities as are provided by this Act or otherwise known to
the law; reserving always power to the High Court, when a
receiver has been appointed to any land or estate, to order
and decree that such receiver shall, if he advances moneys
or supplies to the land or estate, have a lien over the price
thereof, when sold for payment of such advances and sup-
plies, or to allow such preference or lien to a receiver
appointed by the Court, if the circumstances shall call for it,
although no such order or direction had been made before-
hand.

Power to Chief
Justice to make 169. (1) The Cabinet may by order prescribe and
rules. fix the charges to be made for any act, matter or thing

under this Act to be done or observed.

(2) The Chief Justice, with the approval of the
Cabinet, may make rules and orders to carry out any of the
purposes of this Act, including any regulation of times,
mode of procedure, forms, and generally the procedure of
the Act, and all such rules and orders upon being approved
by the Cabinet and published in the Gazette shall take effect
as rules and orders under the Act.

Fourth and Fifth
Schedules.

(3) The fees and charges contained in the Fourth and
Fifth Schedules shall continue to be taken, applied and
accounted for until abolished or varied otherwise by order.

Proof by
draughtsman. 170. (1) Whenever any request, application or

other document (hereinafter called document) offered for
registration purports to have been prepared by any person,
other than a barrister, solicitor or other person authorized
to prepare legal documents, the Registrar in his discretion
before admitting such document to registration, may
require an affidavit from that person proving that he did not
draw or prepare the said document either directly, or indi-
rectly, for or in expectation of any fee, gain or reward, or
otherwise contrary to the provisions of section 76 of the
Eastern Caribbean Supreme Court Act, and a further affi-
davit from the party bearing the cost of the preparation or
registration of the said document, that no such fee, gain or

Cap. 143.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP, 429

reward was offered, paid, or was to be paid by him to the
person for drawing or preparing the said document.

(2) The Registrar, in his discretion, is hereby autho-
rized to retain custody of such document so offered for the
purpose of being registered pending the production of the
aforesaid affidavit.

FIRST SCHEDULE

ACT OF SEIZURE. A written statement in Form 15 in the Second
Schedule by the bailiff who seizes land or estate in virtue of
the instructions of a mortgagee or incumbrancee, setting
forth the fact that he has seized, and naming the day and
hour from which the seizure runs. The Act shall also set forth
an inventory of the articles in addition to the land or estate.
The act of seizure shall be served upon the registered propri-
etor, or those acting for him, in the manner set forth in this
Act, and it shall also be embodied in the caveat of seizure to
be presented forthwith to the Registrar of Titles upon the
seizure being effected.

ARTICLES OF SALE. The conditions and stipulations under which
any land or estate, which has been seized for non-payment of
a mortgage or incumbrance, is to be put up for sale. The arti-
cles of sale shall describe the land as in the certificate or cer-
tificates of title, and the other articles seized as in the act of
seizure. They shall settle any conditions under which bid-
dings shall be made or the price paid, fix an upset price, and
appoint the day of sale. The articles of sale may be in Form
17 in the Second Schedule.

CANCELLED. The marking by the Registrar of Titles of the word
"Cancelled" across a certificate of title in the register, and
thus destroying its efficacy as a registered title. The cancella-
tion of a certificate of title takes place when a new certificate
of title has been issued for the land contained therein, or
where it has been found to have been issued in error.

CAVEAT. An instrument presented to the Registrar of Titles in one
of the forms of caveat in the Second Schedule for the pur-
pose of forbidding the registration of any dealing with the
land set forth therein, until the caveat be withdrawn or
removed.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Registration

CAVEATOR. The person in whose name the caveat is presented, and
who forbids the registration of dealings with the land speci-
fied in the caveat.

CAVEATEE. The registered proprietor of the land to prohibit deal-
ings with which the caveat is presented.

CERTIFICATE OF TITLE. The name of the instrument issued by the
Registrar of Titles to show that the person named therein as
proprietor of the land set forth is the registered proprietor
thereof under this Act. The certificate of title shall be in
Form 4 in the Second Schedule and may be either printed,
engraved, lithographed, or written, or partly one and partly
the other, or done in any other manner which the Registrar
of Titles, with the consent of the Governor-General, may
from time to time determine. It must be signed by the
Registrar of Titles and sealed with the seal of his office. It
may be either of paper, parchment, vellum, or any other sub-
stance which may be determined on. The certificate of title
must set forth on the face thereof, if space permits, but at all
events on the folium thereof, all the mortgages and incum-
brances affecting the land; and when these are transferred or
discharged, the Registrar of Titles will, by a marking across
the note of the particular mortgage or incumbrance, show
that it is so transferred or discharged, and how, and refer to
the file where the authority to make the marking is to be
found. The certificate of title is registered by placing it in
boards, or clips, or other contrivances which hold the materi-
als of the current volume of the register, and marking on it
the date of issue, and the folium of the register, and the ref-
erence to the instrument on the file in virtue of which it was
issued, together with the mortgages and incumbrances
thereon. In the case of a first certificate of ~itle under this
Act, the reference will be to the titles in the old form handed
in to the Registrar of Titles to show that the registered pro-
prietor was the true owner of the land.

CERTIFICATE OF CLOSING OF REGISTRATION. A Certificate by the
Registrar of Titles written, printed, engraved, or lithographed,
but dated and signed when issued, placed at the foot or end
of the certificate of title which has been issued to a registered
proprietor, to show that, until the duplicate certificate of title
having the certificate of closing attached be returned to the
Registrar of Titles, the registration of dealings in Antigua and
Barbuda in regard to the land contained in the certificate of
title is closed. The certificate of closing of registration, if
attached to a duplicate certificate of title, must be so marked

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 67

by the Registrar of Titles, at the place of attachment, that he
could at once detect if it had been detached and added to any
other certificate of title.

COURT. SeeThe Court.

CURRENT VOLUME. The certificates of title forming the register,
which have not yet become numerous enough to be bound
and placed on the shelf among the records of the depart-
ment of the Registrar of Titles. It shall be the duty of the
Registrar of Titles to provide boards or clips, or some other
contrivance, to keep the certificates of title together in the
order of their dates, and he shall not allow access to the cur-
rent volume by any one unconnected with the department,
and shall, himself, be personally responsible for its safe keep-
ing in a correct and orderly manner. It may be bound either
at the completion of a year or when it attains a uniform
thickness, as the Registrar of Titles, subject to the approval of
the Chief Justice as ex of$cio Keeper of the Records, may
determine.

DEALING. A dealing with land is any act in regard thereto which
requires an application to the Registrar of Titles to have the
act completed and made available by registration. A sale of
land, for example, is evidenced by the registered proprietor
signing in the proper manner a memorandum of transfer,
and the memorandum of transfer must be presented to the
Registrar of Titles to be dealt with by him, without which
there is no registration of the title, and the sale is not com-
pleted. In the same way all mortgages and incumbrances and
transmissions of land are dealings in the sense of the Act.
Every act therefore by which the proprietorship of the land is
changed or affected, or the mortgages and incumbrances
are increased or diminished, is a dealing.

DUPLICATE CERTIFICATEOF TITLE. The certificate of title issued to the
registered proprietor, and which, as nearly as circumstances
permit, must be an exact counterpart, or facsimile, of the
certificate of title which is preserved in the register.

ENTER APPEARANCE. TO enter appearance in the manner in which
appearance may, for the time being, be entered in civil pro-
ceedings in the High Court.

ENTERA CAVEAT. TO present a caveat to the Registrar of Titles by
entering it in the presentation book.

LAWS OF ANTIGUA AND BARBUDA

68 CAP. 429) Title by Registration

FILE. The act of putting away for preservation, and the indexing,
or otherwise keeping a record of the place of deposit, of the
instruments which have been the authorities and warrants to
the Registrar of Titles to perform some off~cial act as such
Registrar. When a first certificate of title is issued under this
Act, the Registrar of Titles shall preserve and put away fo,r
safe custody the former title deeds upon the faith of which
the certificate of title was issued.

FOLIUM. The sheet of paper, parchment, or vellum upon which
the certificate of title is written, engraved, printed,
lithographed, or partly written and partly engraved, printed
or lithographed, and which, when placed in the current vol-
ume of the register, shall be numbered as one folium there-
of, whether it be folded so as to represent two leaves
book-wise, or whether more leaves are required to embrace
the full description of the land, and the notings by the
Registrar of Titles. The reference to the certificate of title,
placed upon the duplicate certificate of title, or new certifi-
cate of title, or instruments placed on the file, or in the pre-
sentation book, shall be to the number which the certificate
of title ought to bear, counting from the first which has been
placed in the current volume, and giving one consecutive
number to each certificate of title registered.

INCUMBRANCE. All burdens, securities, or liens upon land, arising
whether at law or in equity, other than mortgages, by which
the land is subjected to particular interests in favour of indi-
viduals, or the revenues thereof are affected for the payment
of annuities or temporary charges; and also any dealings with
land which, in the event of sale, would limit the free use and
disposal thereof by the purchaser, such as leases for three
years and upwards; and all temporary attachments by judg-
ments; and all caveats forbidding registration of dealings. An
incumbrance is made, constituted, or created by a memoran-
dum of incumbrance or memorandum of lease, the noting
of a judgment or order, or the presentation of a caveat. The
instruments must be presented to the Registrar of Titles, and
must be noted by him on the certificate of title in the same
manner as mortgages. Incumbrances (except caveats and
judgments) may be transferred and discharged in the same
manner as mortgages, and the transfers and discharges must
be noted by the Registrar of Titles.

INCLTMRRANCER. The registered proprietor who makes, constitutes,
or creates such burdens or liens upon land, or the revenues
thereof, as above defined, and who executes the memoran-
dum of incumbrance.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 69

INCUMBRANCEE. The person in whose favour a memorandum of
incumbrance is granted, and the incumbrance is noted on
the certificate of title by the Registrar of Titles.

INDEFEASIBLE. The word used to express that the certificate of title
issued by the Registrar of Titles, and the notings by him
thereon, cannot be challenged in any Court of law on the
ground that some person, other than the person named
therein as the registered proprietor, is the true owner of the
land therein set forth, or on the ground that the mortgages
or incumbrances in the notings thereon are not mortgages
and incumbrances on the said land; except on the ground of
fraud connected with the issue of such certificate of title, or
the noting of such mortgages or incumbrances, or that the
title of the registered proprietor had been superseded by a
title acquired under the Real Property Limitation Act, by the
person making the challenge. The word also means that, the
certificate of title being issued by the Government, the
Government is, with the exceptions above mentioned, pre-
pared to maintain the title in favour of the registered propri-
etor, leaving any one justly aggrieved by its issue to bring an
action for money damages against the Government.

INSTRUMENT. A paper, or document in one of the forms set forth in
the Second Schedule, which may be either written,
engraved, printed, or lithographed, by which proposed deal-
ings in land are set forth, with the view of being completed
by the Registrar of Titles when the instrument is presented
to him.

ISSUED. The word used when a certificate of title, having been
drawn up by the Registrar of Titles and signed and sealed by
him, with all the necessary notings on the face thereof, is
placed in the current volume of the register, and the coun-
terpart or facsimile, also signed and sealed by the Registrar
of Titles, with all the same notings on the face thereof, is
handed to the registered proprietor, or to any one autho-
rized to receive the same on his behalf.

JUDGMENT. Includes judgment, decree, order and rule.

LAND. Land includes all the fixtures and buildings thereon, and
everything growing on the soil (unless otherwise specified),
with the exception of any wooden houses belonging to others
on the land, which are accustomed to be moved from place
to place, and any wooden houses the property of lessees,
and, in towns or villages, with the exception of such movable

LAWS OF ANTIGUA AND BARBUDA

70 CAP. 429) Title by Registration

wooden houses as are the property of the residents therein,
and not of the owner of the soil.

LICENSED SURVEYOR. Any land surveyor licensed to practise his pro-
fession by any law of Antigua and Barbuda.

MEMORANDUM OF INCUMBRANCE. See Incumbrance.

MEMORANDUM OF TRANSFER. See Transfer.

MEMORANDUM OF MORTGAGE. See Mortgage.

MORTGAGE. A pledge by the registered proprietor of the land con-
tained in the certificate of title, and certain things accessory
thereto, as set forth in this Act, to secure repayment of the
debt expressed in the memorandum of mortgage.

MORTC:AC:OR. The registered proprietor of the land over which the
mortgage extends.

MORTGAGEE. The person who advances money upon the security
of the registered proprietor, and the land contained in his
certificate of title, and in whose favour the registered propri-
etor executes the memorandum of mortgage; and any trans-
feree of his rights.

NOMINAL INDEX. An index, in the form of a ledger, containing,
under the name of every individual who has been the
grantor or grantee of any instrument or certificate of title, or
noting thereon, the nature of the transaction, and the vol-
ume and folium of the register where the certificate of title,
or noting thereon, in which the name occurs is to be found.

NOTE. The word used to denote the writing and markings with fig-
ures which the Registrar of Titles makes upon the certificate
of title in the register, and on the duplicate issued to the reg-
istered proprietor, to show the mortgages and i~~cumbrances
which are upon the land, and also the transfers and dis-
charges of such mortgages and incumbrances, and the
caveats, or the withdrawal or removal of caveats. The notings
made by the Registrar of Titles upon a certificate of title are
as indefeasible as the title upon which they are marked, that
is, that any one, in dealing with the lalld, may take it as guar-
anteed by the Government that no other mortgages or
incumbrances affect the land than those noted on the certifi-
cate of title, and that the existing mortgages and incum-
brances are correctly set forth.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (W. 429 71

NOTICE TO PAY OFF. The intimation given in writing by a mori-
gagee or incumbrancee that he demands payment, within
sixty days from the date thereof, of the sums due to him
under the mortgage or incumbrance. The notice may be
signed by the registered proprietor, or the person holding
his power of attorney, or the solicitor acting for him, and
shall be in Form 14 in the Second Schedule. It must be for-
mally served upon the mortgagor or incumbrancer by a
bailiff, or according to some other of the modes of service
authorized in civil proceedings in the High Court.

OWNER. The person having the legal right to land and the full
dominiurn thereof, but who has not become the registered
proprietor under this Act. This distinction is for the tempo-
rary purposes of this Act only, as the registered proprietor is
in the fullest sense the absolute owner of the land.

PLAN, MAP, OR DIAGRAM. A sketch or drawing made of the position
of the land as it lies in regard to the lands of the neighbour-
ing proprietors, and showing the length of the boundary
lines, the angles at which they lie towards each other, the
extent of the whole, and the various subdivisions of the land.
When the land is of small extent, the plan ought to be placed
in the lower left hand corner of the certificate of title, but
where the land is of large extent requiring a separate plan, as
in the case of an estate, the Registrar of Titles, after having
satisfied himself of its accuracy, will so mark and sign it as to
show to what certificate of title it applies, and shall also
attach it to the certificate of title so that it shall follow it in
order in the register, and form part of the same folium.

PRESCRIBED. Means prescribed by rules made under this Act.

PRESENT. TO present any instrument to the Registrar of Titles is to
enter it in the presentation book, and hand it in to the registry.

PRESENTATION BOOK. A book which is to lie in some convenient
place in the office of every Registrar of Titles in order that any
one having an instrument to present may be able to write the
particulars thereof in the book. Every Registrar of Titles, and
his clerks, must at all times give information and directions to
assist the presenter in making a correct entry, and must see
when he hands in the instrument that it is entered correctly,
making the necessary corrections themselves if deficient, and
in particular, they must see that the time of presentation has
been exactly entered, correcting it if necessary.

LAWS OF ANTIGUA AND BARBUDA

72 CAP. 429) Title by Regastration

RECORDS. All the books and instruments, writings, deeds and doc-
uments preserved in the department of the Registrar of
Titles, and also, in a more general sense preserved in any
department of Government or under official custody.

REGISTER. The current volume wherein certificates of title are pre-
served before being bound up in a volume, and all the
bound volumes of certiticates of title with the notings thereon.

REGISTERED.. The placing by the Registrar of Titles of a certificate of
title, dated, signed and sealed, in the current volume, and
marking thereon the number of the folium by which it is
thereafter to be designated and referred to; and also the not-
ing by the Registrar of Titles upon certificates of title of
mortgages and incumbrances as the same may be instructed
by instruments presented to him.

REGISTRY. The office of the Registrar of Titles, and the place of
deposit for preservation of the volumes of the register, and
the file of instruments and writings, deeds and documents
which have been the authority to the Registrar of Titles to
issue certificates of title, and make notings thereon. The
Registry of the High Court shall be the Registry of Titles to
land.

REGISTERED PROPRIETOR. The person in whose favour a certificate of
title is issued for the land named therein.

RULES. Rules made in accordance with the provisions of this Act.

REQUEST. Request in writing reciting the facts on which the
request is founded, and signed by the person making the
request or his solicitor or duly appointed attorney.

SEAL OF THE REGISTRAR OF TITLES. The seal provided by the
Governor-General for the Registrar of Titles in each Circuit.
The seal shall be affixed to all certificates of title, and to all
writings which require to be authenticated by the Registrar
of Titles. It shall be the duty of the Registrar of Titles to keep
the seal in a lock-fast place., and not 6 permit its use by any
one except in his presence, unless he be prevented by illness
from being in his office, or be absent on leave of absence;
when the same duties and responsibilities which devolve
upon him shall be binding on the person who temporarily
occupies the post. Until a special seal is provided under this
Act, the seal of the High Court may lawfully be used, and
shall be sufficient for the purposes of this Act.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 73

SEIZED. The act of a mortgagee or incumbrancee by which he
takes possession, by the hands of a bailiff, of the land form-
ing the pledge contained in his mortgage or incumbrance-
after a notice to pay off has been given and payment has not
been made. The formal announcement is made to the regis-
tered proprietor by an act of seizure, and it is publicly notified
on the register by presenting a caveat of seizure to the
Registrar of Titles.

THE COLTRT. Means the High Court or a Judge thereof.

TRANSFER. The consent of a registered proprietor to the sale or
donation of the whole or part of the land contained in his
certificate of title. The writing by which he signifies his con-
sent is called a memorandum of transfer, and shall be in
Form 5 or 6 in the Second Schedule. Transfers can also be
made of mortgages and incumbrances, and of easements
and incorporeal rights to be carried out by the execution of
a memorandum of transfer, and the presentation of the
same to the Registrar of Titles.

TRANSFEROR. The registered proprietor who sells the whole or a
portion of his land, and signs the memorandum of transfer;
and the person who assigns or transfers mortgages or incum-
brances, including leases.

TRANSFEREE. The person in whose favour a memorandum of trans-
fer is executed.

TRANSMIT. The act by which land contained in any certificate of
title passes to another proprietor by any other method than
by transfer. Thus land transmits to the representalive of a
deceased proprietor, the date of his death being the date to
be inserted in the new certificate of title in favour of the
executor, administrator, or representative. The proprietor-
ship of land transmits also to the trustee appointed by the
Court under a bankruptcy.

TRANSMISSION. The passing of the proprietorship of land in the
manner above set forth.

LAWS OF ANTIGUA AND BARBUDA

74 CAP. 429) Title by Regzstration

SECOND SCHEDULE S. 12.

Title by Registration Act.

To the Registrar of Titles.

1, , of the Island of
am the owner in possession of that estate in the said Island
commonly called and bounded as follows1-

The deed under which I hold the said estate is'

The said estate is of the extent of"
and is, so far as I can estimate the same, of the value of $

There are no mortgages or incumbrances affecting the same"

There is n o other person claiming to be owner of the
said landg

For the purpose of obtaining an indeafeasible title, I request
that a certificate of title may be issued to me as registered proprietor
of the land above set forth, "lacing upon the certificate of title,
or attaching thereto, the plan of the said land, made and drawn by

, licensed surveyor, which accompanies this request;

And I hand in herewith the title deeds under which I hold
the said land as owner aforesaid, which are enumerated and set
forth in the schedule attached hereto.'

I have not knowingly withheld any fact concerning the land
which ought to have been disclosed in making this request, and I
have truly and honestly, to the best of my knowledge and belief,
represented the truth concerning the titles presented or offered
for presentation.

Given under my hand this day of 19

Signature of Applicant.

Signed before and in the presence of,

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 75

'Here insert boundaries. 'Here insert brieJly the title under which the appli-
cant holds the estate or land, and refer to the volume of the regzster in
which it is recorded, or if the applicant holds no deed, desn'be hef ly
under what circumstances he claims to be owner, to bring him under
the Act. 'Here insert number of acres or fraction of an acre. 'Where
mortgages and incumbrances exist, here state those which exist to the
knowledge of the applicant. ' I f there is, here add names of any com-
peting claimants. 'lf there is no plan this clause may be omitted. ' I f
there are special circumstances affecting the title to the land, which
the Registrar of Titles ought to be made acquainted with, here state
them.

ANT~CUA AND BARBUDA.

Title by Registration Act.

To the Registrar of Titles.

Take notice that I

Do hereby forbid the issue of a certificate of title of the estate
of'
to of ; as I am the
legal owner thereof, and intend to apply at the proper time for
the issue of a certificate of title in my own favour.
Given under my hand this day of ,19 .

Signature.

Signed before and in the presence of,

Or if the purpose of a caveat be to prevent the issue of a certzjcate of
title unless a specific mortgage m incumbrance be noted thereon, the above
form will be varied in accordance with the facts.

'Here insert description and boundaries.

LAWS OF ANTIGUA AND BARBUDA

76 CAP. 429) Title by Registration

Title by Registration Act.

Registry of Titles;

SCHEDULE OF APPLICATIONS

for certificates of title, and notings thereon, and caveats, for the
week ending the day of 19 .

Date.

Date of request.

3rd.lanrlary. 19 .

30thJanualy, 19 .

JlstJanuary, 19 .

Signature of Registrar of Titles.

FORM 4. Ss. 3 & 39.

Person presenting.

A. B. of the Island of

C. D. of the Island of

L. P. of the Island of

Title by Registration Act.

Nature of request, whether
for certificate of title, or

noting thereon, or caveat.

Certificate of title for the
land of

Noting on certificate of
title of land of

, of mortgage stated
in request.

Caveat against issue of
certificate of title to land
of to any
applicant for certificate of
title till caveator be heard.

Land titles;
Register book, Fol.

Know all men to whom these presents shall
come, that'
is the registered proprietor ofY

all as the same is delineated and set forth on the

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 77

plan thereof by , licensed Mongage b the
surveyor, annexed hereto, subject, nevertheless, "thin name' , in favour
to the mortgages and incumbrances which are of , $
noted on the margin hereof, or endorsed hereon. interest per
In faith and testimony whereof I have hereunto zgble
subscribed my name and affixed the seal of my Registered I
office this day of Instrument filed

One A. 10.5.
thousand nine hundred and

Transfer of
above mortgage

Signature of Registrar of Titles. to
Registered .
Instrument filed

(L.S.) B. 6. 3.

'Name of registered proprietor. 'Insert careful description of land, by its
full boundaries and estimated extent.

I,'

Title ky Registration Act.

, of the Island of
, registered proprietor of'

all as the same is set forth bounded and described in the certificate
of title in my favour, dated the day of
19 , and registered in the register of titles Vol. , Fol. ,
in consideration of the sum of $ paid to me by

, the receipt of which I
hereby acknowledge, do hereby transfer the said land to and in
favour of the said' , and
consent to the noting hereof by the Registrar of Titles, and the
cancellation of the certificate of title in my favour, and that a new
certificate of title of the said land shall be issued in favour of the
said.'

Place of

the Plan. 1

'Name of transferor. 'Here ins& description of land from certificate of title.
'h'ame of transferee.

LAWS OF ANTIGUA AND BARBUDA

78 CAP. 429) Title Registration

For the doing of all which I hereby authorise and grant warrant to
the Registrar of Titles accordingly.

Given under my hand this day of 19

Signature of Transfmor.

Signed before and in the presence of

Title by Registration Act.

MEMORANL)LIM OF TKANSFEROF PARTOF IAND CONTAINED IN A
CERTIFI(:ATE OF T I T L E .

I.'
being registered proprietor of'
as the same is bounded and described in the certificate of title in
my favour registered in Vol. , Fol. , of the register of
titles in consideration of the sum of $ paid
to me by'
the receipt of which I hereby acknowledge, do hereby transfer
to the said"
five acres of the said land bounded as follows, that is to say' all as
the same are delineated and set forth on the plan thereof by

, licensed surveyor, of
annexed hereto. And I do by these presents consent to the cancella-
tion by the Registrar of Titles of the certificate of'title in my
favour, and to a new certificate of title being issued to me for the
portion of the said land remaining after deduction of the five
acres, which land will then be bounded as follows"

all as the same is delineated and set forth on the plan thereof by
, of , licensed surveyor annexed

hereto. And for the doing, noting and registering all that is necessary
in the premises, I hereby authorize and grant warrant to the
Registrar of Titles accordingly.

Given under my hand this day of 19 .

Signed before and in the presence of

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429

'Name of transferor. 'Here describe land briefly by name if it has any.
jName of transfeee. 4Here insert boundaries ofjiue acres sold. 'Here
follows neu description of land remaining in possession of transferor.

Titb by Registration Act.

I,' , being registered proprietor
of the estate of
as the same is fully set forth and described in the certificate of title
in my favour, dated the day of , 1 9 , a n d
registered in Vol. , Fol. , of the register of titles
in consideration of the sum of $ paid to
me by2 , the registered
proprietor of all as the
same is set forth and described in the certificate of title in favour
of the said2 , dated the day of

, 19 , and registered Vol. , Fol. , of the
register of titles do hereby transfer to the said2

and all subsequent registered proprietors
of the land last above described, a right of way through my
said estate of , at the point
and in the direction set forth on the plan by

, licensed surveyor, of , annexed hereto, for the
purpose of having access to the stream of for
watering horses, cattle, and all manner of flocks and herds, and for
carrying water therefrom in kegs, casks, or other suitable manner,
and I consent that the said right of way be noted on or added to a
certificate of title of the said land last above described to be granted
by the Registrar of Titles in favour of the said2

and to form part of the title of the registered proprietor of the
said land last above described in all times to come. And for all that
is necessary to be done in the premises I authorize and grant warrant
to the Registrar of Titles accordingly.

Given under my hand this day of 19 .

Signature of Transfeor.

Signed before and in the presence of

'Name of transferor. 'Name of transferee. jHere describe Land of transferee.

LAWS OF ANTIGUA AND BARBUDA

80 CAP. 429) Title by Registration

Title by Registration Act.

MEMORANDUM OF MORTGAGE.
I,'

registered proprietor of'
all as the same is bounded and described in the certificate of title
in my favour dated the day of
19 , and registered in the register of titles, Vol.
Fol. , in consideration of the sum of $"
advanced to me by way of loan by4 to be
repaid on the day of , 19 ,with interest
till then at the rate of per cent, per annum, and half yearly
and continually thereafter until the said principal sum be repaid,
do hereby mortgage the above land as security for repayment of the
said sum with interest thereon. And I consent to the noting by the
Registrar of Titles of a mortgage for the said sum and interest
upon the certificate of title of the said land, and authorize and
grant warrant to the Registrar of Titles accordingly.

Given under my hand this day of 19

Signature of Mortgagor.

Signed before and in the presence of

'Name of mortgagor. ZHere describe land from certificate of title.
3Sum advanced. 'Name of mortgagee.

Ti tb by Regzstration Act.

a. General Form.

1, , of the Island of
being registered proprietor of
all as the same is bounded and described in the certificate of title in
my favour dated the day of , 19 , and

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 81

registered in Vol. , Fol. , of the register of titles in
consideration of'
and other causes and considerations me hereunto moving, do hereby
constitute an incumbrance on the said land in favour of

of the Island of , for the sum
of $ payable"
and I hereby consent that the above incumbrance be noted by
the Registrar of Titles upon my certificate of title of the said land.
And I authorize and grant warrant to the Registrar of Titles to
make the noting of such incumbrance accordingly.

Given under my hand this day of 19

Signature of Incumbrancer.

Signed before and in the presence of

'Here describe Land from certificate of title. 'Here state reason for granting
incumbrance. 'Here insert time of payment and other necessa?y
details.

b. Form for securing a sum of money by way of annuity in
favour of a wife.

1,' , being a registered proprietor
of the estate of"
all as the same is bounded and described in the certificate of title
in my favour dated the day of
19 , and registered in Vol. , Fol. , of the register
of titles having, by contract of marriage dated the
day of , 19 , and registered under the Registra-
tion and Records Act, on the day of
19 , bound and obliged myself to grant to
of , in view of our approaching marriage, an annuity
of $'+ per annum from the said estate of
as a provision to her as my wife and so long as she shall remain my
widow after my death, to be expended and dealt with as her own
property as she shall think fit; and our said marriage being about
to be solemnized on the day of , 19 , do hereby,
in virtue of the provision contained in the said contract of marriage,
give, grant, and constitute to and in favour of the said
out of the rents and revenue of the said estate of
so long as she shall live and remain my wife, or so long as she shall

'Name of incumbrancer. 'Here desn'be land from certificate of title.
'Insert sum.

LAWS OF ANTIGUA AND BARBUDA

82 CAP. 429) Title by Registration

remain my widow after my death, an incumbrance of the sum of
per annum, the first payment thereof to be made on

the day of next, and each year upon the day of
thereafter, and I consent to this incumbrance

beiGg noted by the Registrar of Titles upon the certificate of title
of my said estate of ; and I authorize and
grant warrant to the Registrar of Titles to make such noting for
the purpose of constituting such incumbrance accordingly.

Given under my hand this day of 19 .

Signature of Zncumbrancer.

Signed before and in the presence of

c. Form for securing payment of various instalments of an
amount due.

I,' , being registered
proprietor of'
all as the same is bounded and described in the certificate of title
in my favour dated the day of
19 , and registered in Vol. , Fol. , of the register
of titles having by contract dated the day
of , 19 , and registered under the Registration and
Records Act, on the day of , 19 , made and
executed between myself and" , bound and
obliged myself, in the event of the said"
supplying me withi

to grant him an incumbrance as after mentioned over my said land
as security for payment of the instalments payable by the said
contract, do hereby, in virtue of the obligation upon me contained
in the said contract, constitute in favour of the said:'

an incumbrance upon the said land as set forth, viz:

a. a payment on the day of 1 9 , o f
the sum of $ , or such other sum as may be due
by me to him of a less amount than $ at that
date in terms of the said contract;

b. a payment on the day of ,19 of
$ , or such other sum as may be due by me to
him of a less amount than $ at that date in terms
of the said contract;

'Name of incumbrancer. ?Here desm'be land from certificate of title. 'Here
insert name of incumbrancee. 'Here insert cause for granting
incumbrance.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 83

c. a payment on the day of ,19 , ofthe
sum of $ , or such other sum as may be due by me to
him of a less amount than $ at that date in terms of
the said contract;

and I consent to the noting of this incumbrance on the certificate
of title of my said land by the Registrar of Titles, and I authorize
and grant warrant to the Registrar of Titles to make such noting
accordingly.

Given under my hand this day of 19 .

Signature of Zncumbrancer.

Signed before and in the presence of

Title by Registration Act.

I,' , being the registered
proprietor of'
all as the same is bounded and described in the certificate of title
in my favour dated the day of
19 , registered Vol. , Fol. , of the register of
titles do hereby lease to9 twenty
acres of the said land bounded and described as follows, viz:
4

to be held by him the said" as tenant
thereof for the space of years, at the yearly
rental of $ payable quarterly, and beginning said
payment on the day of ,19 ,and
regularly every three months thereafter until the termination of the
said lease;

And I the said" do accept of the
said twenty acres in lease on the terms above specified;

'Name of lessor. 'Here describe land from certificate of title. 'Name of
lessee. 'Here insert boundaries and desrription of the 20 acres.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Regzstration

And we both with one assent and consent, so far as it is
necessary for us to do in the relative positions of lessor and
lessee, authorize and grant warrant to the Registrar of Titles
to note the said lease as an incumbrance on the certificate of
title of the said land first above described accordingly.

Given under our hand this day of 19

Signature of Lessor.

Signed by the said
before and in the presence of

Signature of Lessee.

Signed by the said
before and in the presence of

FORM 11.

ANTIGUA AND BARBUDA.

Title by Registration Act.

I' , in right as mortgagee of the sum of $
in terms of mortgage noted upon the certificate of title in favour of2

registered proprietor of.'
all as the same is bounded and described in the said certificate
of title in favour of the said2 , registered
Vol. , Fol. , of the register of titles of which sum
the sum of $ remains unpaid, in consideration of the sum
of $ paid to me by of which sum I hereby acknow-
ledge the receipt, do herkby transfer the mortgage in my favour, to
the extent of the said sum of $ still due thereupon, to and
in favour of the said4 , as mortgagee in my room and
stead, and I consent to the Registrar of Titles making a note upon
the said certificate of title of this transfer; and authorize and grant
warrant to the Registrar of Titles accordingly.

Given under my hand this day of 19 .

Signature of Transfeyor.

Signed before and in the presence of

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 85

Note.--FOT transfer of incumbrance this form will be followed with the,
necessary alterations.

'Name of transferor. 'Name of mortgagor. 'Here describe land as in
certificate of t i tk +Name of transferee.

Title by Registration Act.

I ' , mortgagee, in right of the sum of $
in terms of mortgage noted upon the certificate of title in
favour of' , dated the
day of , 19 , and registered Vol. , Fol.

, of the register of titles having received payment of the same
from the said'
do hereby discharge the said mortgage, and consent to a noting
of this discharge, or the cancellation of the noting of the mortgage,
being made by the Registrar of Titles, and, so far as my authority
is necessary therefor, I do authorize, and grant warrant to the
Registrar of Titles to make such noting or cancellation accordingly.

Given under my hand this day of 19 .

Signature of Mdgagee.

Signed before and in the presence of

Note.-The discharge of an incumbrance will be in the same form,
with the necessary alteration of words to describe the incumbrance discharged.

'Name of mortgagee. 'Name of registered proprietor.

CAP. 429)

LAWS OF ANTIGUA AND BARBUDA

Title by Registration

Title by Registration Act.

I ' , being, under and by virtue of a
memorandum of lease noted upon the certificate of title hereinafter
mentioned, lessee of twenty acres of land bounded and described
as follows-

which twenty acres form part and portion of the land of4

the registered proprietor thereof, all as the same is bounded and
described in the certificate of title in his favour dated the

day of , 19 , registered in the
register of titles Vol. , Fol. , in consideration of the
sum of $ now paid to me by' , of , do
hereby transfer to the said the said lease for the term there-
of still to run:

And I, the said4 , registered proprietor of the said
land, consent thereto:

And I, the said" , accept the said transfer of the
said lease accordingly.

And we all, for our respective rights and interests in the pre-
mises, authorize and grant warrant to the Registrar of Titles to note
this transfer upon the certificate of title of the said4

accordingly.

Given under our hand this day of 19 .

Signature of Transferm.

Signed by the said
before and in the presence of

Signature of Registered Proprietor,

Signed by the said
before and in the presence of

Signature of Transfae.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 8 7

Signed by the said
before and in the presence of

'Name of lessee. 'Here follows description of 20 acres from the memmandun~
of lease. 3Name of transfae. 4Name of lessm.

Title by Registration Act.

To registered proprietor of
Take notice that I,2 , require you to

pay off the sum of"
due to me by virtue of
registered the day of , 19 , and duly noted
upon the certificate of title of the said land: and that within sixty
days from the date of senice of this notice.

Given under my hand this day of ,19 .

Signature of Mmtgagee or Incumbrancee.

Signed before and in the presence of

'Here insert description of land from certificate of title. 'Here insert
name and designation of mortgagee or incumbrancee. 'Here
insert sum in mortgage or incumbrance, with interest actually
due. 'Here state the mortgage, incumbrance, or transfer under
which the sum is due to the giver of the notice.

Title by Registration Act.

Be it known to all men that, by virtue of powers on me con-
ferred by'

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Registration

1, bailiff, on the
day of , 19 , did proceed to the land and premises
of' and, there being at of
the clock on the day and date above written, did seize all that"
and the things accessory to the said land which are set down in
the inventory hereto annexed, which is subscribed by me as
relative hereto; the said land and things to be held for sale in
due course of law for non-payment of the sum of4

Of which seizure I do, by this act, give notice to you the
said5 , and to all concerned.

Done by me at"
on the day and date above written, before and in the presence of
the witness who subscribes this act of seizure with me.

Signature of Bailijjff:

Done in the presence of

Note.-Inventory of things seized to be annexed.

'Here insert name and designation of seizing creditor. ZHere insert
name and designation of debtor. jHere insert description of land
from certificate of title, or memorandum of mortgage. 'Here
insert sum as i n notice to pay off, together with the mortgages,
transfers, or incumbrances under which the sum is due. 'Here
insert name of debtor. 6Name of estate or land.

Titk by Registration Act.

To the Registrar of Titles.
Take notice that I,'

did on this day of , 19 , cause the land and
estate of' , registered proprietor thereof, all as
the same is fully set forth and described in the certificate of title in
favour of the said , dated the

day of , 19 , and registered
in Vol. , Fol. , of the register of titles together with
all the things accessory to the said land, as the same are set forth
in an inventory by the bailiff effecting the seizure, to be seized with

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 89

the view to the sale thereof in due course of law for non-payment of'
the sum of
due to me by virtue of the4 over the said
land duly noted on the certificate of title thereof and dated"

Given under my hand this day of 19

Signature of Mortgagee or Incumbrancee.

Signed before and in the presence of

'Here insert name and desipation of mortgagee or incumbrancee
making seizure. 'Here insert name of debtor. -'Here insert sum
due. 'Here insert mortgage or incumbrance. 5Here insert date of
mortgage or incumbrance.

Title by Registration Act.

Articles of sale of all that'
all as the same is fully set forth and described in the certificate of
title of the same, registered in Vol. , Fol. , of the register
of titles in favour of' as registered
proprietor thereof, which land and the things accessory thereto,
as set forth in the inventory attached to the act of seizure, have
been seized by"
by and in virtue of a' in favour of the said"

, duly noted upon the said certificate of title
of date the day of , 19 , for
non-payment of the sum of5 , as set forth in the
notice to pay off and act of seizure lodged in the Registry of the
High Court herewith.

1. The day of the sale shall be the day of

19 ,a t o'clock in the noon.

2. The upset price shall be $" for the
land and things accessory thereto, as set forth in the inventory of
the bailiff attached to the act of seizure, in one lot.

LAWS OF ANTIGUA AND BARBUDA

90 CAP. 429) Titk by Registration

3. The sale shall take place at the Registry of the High Court;
or at the Court House, if convenient, and the attendance of
bidders be numerous.

4. Unless the upset price be offered the land shall be with-
drawn from sale on that day.

5. The deposit to be paid by the purchaser at the time of the
sale to the Registrar of the High Court shall be one-fourth of his
accepted bid.

6. The Registrar of the High Court shall sell the said land in
the manner usual at auctions, he having first read, or caused to be
read, aloud to the assembled bidders these articles of sale.

7. Each bidder shall sign his bid after the amount thereof has
been written down on the leaf or leaves attached to these articles
of sale.

8. Each bid shall be at least $
the preceding bid.

higher than

9. All disputes between bidders shall be determined on the
spot by the Registrar of the High Court, whose decision shall be
binding on all parties attending the sale. In the event of there
being any dispute between two bidders as to who was first to bid a
certain sum, the Registrar of the High Court, if he should have
any doubt about the matter, may go back to the immediately pre-
ceding bid, and take the biddings of the disputants anew.

10. The Registrar of the High Court, on bringing down the
hammer and terminating the sale, shall declare aloud the last and
highest bidder to be the purchaser, and shall also add, if the last
and highest bidder shall so desire, that he has purchased not for
himself but another, whose name shall also be publicly
announced. A memorandum of the announcement thus made
shall be added to the biddings.

11. The accepted bidder shall pay the deposit before he
leaves the precincts of the Court House or Registry, and, if he ten-
ders the amount by cheque, the Registrar of the High Court shall
not be bound to accept the same unless, or until, the same be
accepted by the bank on which it is drawn.

12. The balance qf the sale price must be paid within one
month from the day of sale, and, on such balance being paid, the
solicitor having the carriage of the sale will move the Court to

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 91

order the Registrar of Titles to grant the certificate of title in
favour of the purchaser.

13. The person declared to be the purchaser may enter upon
possession of the property immediately after paying the deposit.

14. The property is sold subject to all leases noted on the
certificate of title, and all tenancies for shorter dates than three
years, of which the purchaser shall be held to have satisfied himself.

15. Whether the property contains the exact measurement
mentioned in the certificate of title or not, the purchaser shall be
understood to have purchased the land described in the certifi-
cate of title and be bound to pay the price offered by him.

16. Any taxes due for the said land must be paid by the
purchaser.

7

Signature of the Registrar of the High Court.

'Here insert descri$tion of land and estate from certificate of title or
memorandum of mortgage. 2Here insert name of registered proprietor.
3Here insert name of seizing creditor. '"mortgage" or "incumbrance. "
51nsert sum due by debtor. 6This sum may be suggested by the solicitor
who draws the articles of sale, but it must be fixed by the Judge in
Chambers with or without a valuation, as he may consider necessay.
'Here add any other conditions which may be necessay for thepartic-
ular estate sold.

Ti tb by Registration Act.

1960 $
May 2. Deposit on sale price received from A.B. . . .

Interest thereon from the 2nd day of May to
date, at per cent. per annum . . .

June 2. Balance of sale price received from the said A.B.
Interest thereon from the 2nd day of June to

date, at per cent. per annum . . .

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Registration

C.D., receiver, balance due on his account .....
G.H., solicitor having carriage of the sale, his

taxed costs .........................................................
H.M., amount advanced on crop advance war-

rant before seizure and applied to growing
crop sold with land ...........................................

N.L., first mortgagee (seizing creditor), amount
of his claim as settled ........................................

L.P., second mortgagee, amount of his claim as
settled ................................................................

~alance paid over to R.S., the former registered
proprietor ..........................................................

Note-The scheme of division will be attached to the articles of sale
following the bids.

Title by Registration Act.

a. Form with imaginary names and details filled up to serve as a
model.

THIS CROP ADVANCE WARRANT witnesseth that, on the 13th of
September, 1960, the parties following, that is to say, William
Money, Merchant, of , of the one part, and Robert
Shortcash, registered proprietor of the estate of
in the said Island, of the other part, have contracted, agreed, and
ended in manner following, that is to say, the said William Money
hath agreed to advance to the said Robert Shortcash, for the pur-
poses of the crop of 1961 the sum of $4000, in the manner follow-
ing: the first instalment of $1000 on the first day of November,
1960, upon a promissory note to be given by the said Robert
Shorthcash to the said William Money at six months' date; the
second instalment of $1000, on the first day of December, 1960,
upon a promissory note by the said Robert Shortcash to the said
William Money at six months' date; the third instalment of $1000
upon the first day ofJanuary, 1961, upon a promissory note by the
said Robert Shortcash to the said William Money at six months'

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 93

date; and the last instalment on the first day of February, 1961,
upon a promissory note by the said Robert Shortcash to the said
William Money at six months' date; the whole of the said instal-
ments bearing interest at the rate of eight per cent. per annum
from the date of advance until repaid. And the said Robert
Shortcash binds and obliges himself to apply the said sums solely
to the purposes for which they are advanced, viz: to pay for the
labour and supplies to produce the crop of the year 1961on his
land and estate of , as the same is described in
the certificate of title thereof in favour of the said Robert
Shortcash as registered proprietor, registered Vol. , Fol. ,
of the redster of titles. And the said Robert Shortcash further n
binds and obliges himself to repay the said sums advanced at the
dates the several instalments become due, viz., $1000 with interest
from the 1st November, 1960, on the 4th of May, 1961; $1000 with
interest from the 1st of December, 1960, on the 4th of June, 1961;
$1000 with interest from the 1st of January, 1961, on the 4th of
July, 1961; and $1000 with interest from the 1st of February, 1961,
on the 4th of August, 1961; and in everything faithfully to execute
these presents according to the spirit and provisions of the Title
by Registration Act. And the said parties, with one consent and
assent, agree that these presents shall be registered for publication,
and also for execution without the necessity for any judgment
against the party in default, in terms of the said Act.

Given under our hands on the day and date first above written
before and in the presence of the witnesses subscribing hereto.

Signed by the said William Money before
and in the presence of

Peter Cash.

William Money.

Signed by the said Robert Shorthcash before
and in the presence of

Theophilus Skimmings.

Robert Shorthcash.

LAWS OF ANTIGUA AND BARBUDA

94 CAP. 429) Title by Regzstration

Title by Registration Act.

b. Form in Blank.

THIS CROP ADVANCE WARRANT witnesseth that on the
day of , one thousand nine hundred and
the parties following, viz.'
have contracted, agreed and ended in manner following; that is to
say, the said2
hath agreed to advance to the said'
for the purpose of the crop of 19 , the sum of4
at the dates, and in the instalments following,'

And the said4

binds and obliges himself to apply the said sum solely to pay for
the labour and supplies to his land and estate of"
to produce the crop of the year 19 : And the said'
further binds and obliges himself to repay the said sum advanced
in the order in which the instalments of the said sum have been
made, with interest thereon, viz:'

and in everything faithfully to execute these presents according to
the spirit and provisions of the Title by Registration Act.

And the said parties, with one consent and assent, agree that
these presents shall be registered for publication, and also for exe-
cution without the necessity for any judgment against the party in
default, in terms of the said Act.

'Here insert names of parties to the contract, adding "of the one part" after
the name of the party who is to give the advance, and "of the other
part" ajer the name of the party who is to receive it; m, where more
than two parties, describe them as of "the jirst part, " "the second
part," &c. 'Here insert name of party of the one part. 'Here insert
name of the party of the other part. 'Here insert sum in writing. 'Here
insert detaiis of the transaciion hHere give name of estate-if it is
known by any distinguishing name; or, if not, insert description of
the land. 'Here insert the dates of payment o f instalments.

LAWS OF ANTIGUA AND BARBUDA

Title 4y Registration (CAP. 429 95

Given under our hands on the day and date first above written
before and in the presence of the witnesses subscribing hereto.

Signature of party of thefirst part.

Signed by the said
before and in the presence of

Signature of party of the second part.

Signed by the said
before and in the presence of

Title by Registration Act.

To the Registrar of the High Court.

Take notice that, in virtue of a crop advance warrant, in my
favour, dated the day of 19 , a n d
registered
the party who has received the advance under the said warrant,
viz.'
is now indebted to me in the sum of
and I require you to issue execution against his goods and chattels
for that amount by virtue of the powers contained in the Title by
Registration Act.

Signature of Creditor or his Solicitor.

'Here insert name of debtor. 'Here insert sum owing, whether whole
amount or balance.

LAWS OF ANTIGUA AND BARBUDA

96 CAP. 429) Title by Registration

Title by Registration Act.

ELIZABETH THE SECOND, by the Grace of God, Queen of Antigua
and Barbuda and of Her other Realms and Territories, Head of
the Commonwealth:

WHEREAS, on the day of 19 ,
there was registered in our registry of bills of sale a crop advance
warrant of the following words and tenor ':

And the above namedz

hath given notice in the manner required by the Title by
Registration Act, that '
the other party to the said crop advance warrant, is now indebted
to him, in virtue thereof, in the sum of

Now these are to command you and every of you, the bailiffs
and officers of Our High Court that, in virtue hereof, you do levy
execution upon the goods and chattels of the said9

for the said sum of4 in the same manner and
with the same due diligence as if a judgment had been pronounced
against the said3 by Our said
High Court for the sum aforesaid-all in terms of the provi-
sions of the Title by Registration Act.

And in this see that ye fail not as ye will answer to Us there-
upon.

Signature of Registrar of the High Court.

Seal of
High

Court.

'Here copy mop advance warrant verbatim with signatures. 'Here insert
name of person taking out execution. jHere insert name of debtor.
'Insert sum owing.

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 97

Title by Registration Act.

WHEREAS'
, is the registered proprietor of

all as the same is set forth, bounded and described in the certificate
of title in his favour dated the day of
19 , and registered in the register of titles Vol. , Fol.
AND WHEREAS, under and by virtue of an order of the High
Court, dated the day of 19 .
and made in an acCion wherein
is the plaintiff, and
the defendant, the estate or right of the saidP

in the said land was sold, at public auction, by me:
, the undersigned Registrar of the High

Court to
for the sum of $ , now I, the said4
as such Registrar as aforesaid, in consideration of the said sum
of $ paid to me by the said
the receipt of which I hereby acknowledge, do, under and by
virtue of the provisions of section 108 of the Title by Registration
Act. herebv transfer the said land to and in favour of the saidb

, and hereby authorize and require
the Registrar of Titles to cancel the certificate of title in
favour of the said3

and to issue a new certificate of title (with all mortgages and
incumbrances, if any, duly noted thereon) in favour of the
said6

Given under my hand this day of 19 .

Signature of Registrar of the High Court.

Signed before and in the presence of

Note.-The above form applies where the estate or right of a registered
propnetor is to be transferred. Where a mmtgage or incumbrance is to be
transferred, the above form is to be varied accordingly.

'Full name, residence and description of registered propn'etor whose land
has been sold. 'Here insert description of land from certzpcate of title.

'Full name of registered pqprietor whose land has been sold. 4Full
name of Registrar of High Court. >Full name, residence and
description of purchaser. 6Full name of purchaser.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title by Registration

Title by Registration Act.

To the Registrar of Titles.
Take notice that I,l claiming

to be entitled to stay the registration of any dealing in all that2

of which landS
is the registered proprietor, and caveatee under this caveat, do
hereby forbid the registration of any dealing with the said land
accordingly.

My right to present this caveat arises from the following facts
and circumstances

My address for the purposes of the Title by Registration Act,
and the sections thereof relating to caveats, is

Given under my hand this day of 19 .

Signature of Caveator.

Signed before and in the presence of

'Here insert name and description of caveator. 'Here describe land m in
certijcate of titk jHere insert name of regzstered proprietor. 'Here
describe how the interest of caveator to present caveat arises.

AFFIDAVIT BY THE CAVEAT OR.^ SOLICITOR.
1, , solicitor for the above

named and described , make oath and say
that the allegations in the above caveat are true in substance and
fact to the best of my knowledge and belief.

Signature of Solicitor.

Sworn before me, this
day of , 19 .

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (W. 429 99

Title by Registration Act.

To the Registrar of Titles.
Take notice that I,' , having

on the day of 19 , presented a caveat
to forbid the registration of any dealing in all that'
of which land
is the registered proprietor and caveatee; now order the with-
drawal of the same.

Given under my hand this day of 19 .

Signature of Caveator.

Signed before and in the presence of

'Here insert name and description of caveator. 'Here describe land as in
caveat.

ANTIGUA AND BARBUDA.

Title by Registration Act.

To the Registrar of Titles.
Take notice that I,'

being the registered proprietor of all that'
all as the same is more fully described in the certificate of title,
in my favour, dated the day of 19 ,
and registered Vol. , Fol. , of the register of titles
having been informed that a caveat has been presented by:'

forbidding the registration of

'Here insert name of caveatee. 'Here describe land from certificate of title.
jHere insert name of caveator.

LAWS OF ANTIGUA AND BARBUDA

100 CAP. 429) Title by &gistration

dealing in the said land; hereby order the removal of the said
caveat.

My, address within Antigua and Barbuda for the purposes of
the Title by Registration Act, and the sections thereof relating to
caveats, is

Given under my hand this day of 19 .

Signature of Caveatee.

Signed before and in the presence of

FORM 26.

ANTIGUA AND BARBUDA.

Title by Registration Act.

SUMMONS TO APPEAR BEFORE THE REGISTRAR OF TITLES.

To'

I' , Registrar of Titles
believing that you can give evidence or explanations in regard
to3 do
hereby, in virtue of the powers conferred upon me by the
Title by Registration Act, summon you to appear before me at
my office on the day of , 19 , there
to answer such questions as may be put to you, under peril, if you
fail to attend, of the pains and penalties provided in the said Act.

Given under my hand and seal this day of 19

L.S. Signature of Registrar of Titles.

'Here insert name of party whose evidence is desired. 'Here insert name oJ
Registrar. jHere state briefly nature of the enqui?.

LAWS OF ANTIGUA AND BARBUDA

Title by Regzstration (CAP. 429 101

Title by Registration Act.

I ' do hereby
appoint
my attorney to do in my name and as my acts all things necessary
in relation to the land of which I am at present registered proprietor
in Antigua and Barbuda and to any land of which I may subse-
quently become registered proprietor.

The saidS
d

may sell the said land and sign the instrument necessary to obtain
the purchaser entered on the register, he may mortgage or incumber
the said land, and sign the instruments necessary to create the
mortgage or incumbrance, he may enter into and sign crop advance
warrants for the wants of the estate, grant leases for the terms of
years usual in Antigua and Barbuda, and discharge or transfer
mortgages or incumbrances, cancel leases, receive and discharge
rents and interests, collect and discharge debts, carry out all
agreements and covenants in regard to the said land, make, vary
and discharge such agreements and covenants, and maintain and
defend suits in regard to occupation, trespass, and every other
right and matter in which I have interest, submit any question or
questions to arbitration, and generally, in relation to the said
land, do everything which I myself could do if personally present.
Given under my hand this day of 19 .

Signature of Grantor.

Signed before and in the presence of

'Here insert name and description of grantor of power. 'Here insert name
and description of the person appointed. 3Name of attorney. 'Here
insert such of the following powers, and such others, as may be
desired.

LAWS OF ANTIGUA AND BARBUDA

CAP. 429) Title 4y Registration

Title by Registration Act.

[At the end of the duplicate certificate of title in the hands of the
registered proprietor the Registrar of T i t b shall unite as follows:-]

In virtue of the provisions of the Title by Registration Act, the
above named , registered proprietor of the land
described in the certificate of title, may deal without the limits of
Antigua and Barbuda with the above land. No dealing within
Antigua and Barbuda with the said land can be registered until this
document be returned, and all dealings with the land, outside
Antigua and Barbuda, when done in conformity with the provi-
sions of the Title by Registration Act, shall be registered as of their
respective dates.

In witness whereof I have hereunto signed my name and
affixed my seal this day of 19 .

Registrar of Titles.
L.S.

Title by Registration Act.

Claim by , of , under
section 163 of the Title by Registration Act, for the decision and
direction of the Court of Appeal.

The claimant, on the day of 19 ,
applied to the Registrar of Titles for the issue to him of a certificate
of title to '
2

I am aggrieved by such decision, and humbly claim the decision

'Here desm'be land. 'Here state decision which occasions claim.

LAWS OF ANTIGUA AND BARBUDA

Title by Regutration (CAP. 429 103

and direction of the Court of Appeal in terms of the Title I]?
Registration Act.

Given under my hand this day of 19 .

Signature of Claimant.

Signed before and in the presence of

THIRD SCHEDULE S. 148.

Notaries Public; Commissioners appointed under the
Commissioners for Oaths Act, if empowered by their commissions
to administer oaths for the purposes of this Act; principal repre-
sentatives of the Government in any Commonwealth or foreign
country; Commissioners for taking oaths and affidavits in the
Supreme Court of Judicature in England and Northern Ireland;
the Lord Mayor, Lord Provost, Mayor, Provost, or Chief
Magistrate of any city, town, or municipal corporation within the
Commonwealth, the Colonies or the United States of America;
the Governor or Officer administering the Government, of any
British Colony or Possession; any Judge of any Court of Record of
the Commonwealth, the Colonies and Possessions of Great
Britain, and the United States of America; and the Ambassador, or
Officer performing the duties of that office, the Consul, or
Consular Officer performing the duties of Consul. in any foreign
country or possession, town or place, where such functionaries
may be found.

All these may also witness the instrument, but, if private par-
ties have been the witnesses to the signatures, one at least of the
witnesses must appear before one of the officers above named,
and sign in his presence, a certificate that he saw the party sign,
and that the signature is of his proper handwriting.

Where an instrument signed out of Antigua and Barbuda
does not technically agree with the provisions of this Schedule,
the Registrar of Titles, to save vexations and hurtful delays, may
take the direction of a Judge upon the point in conformity with
the provisions of this Act.

LAWS OF A W G U A AND BARBUDA

104 CAP. 429) Title by &gistration

FOURTH SCHEDULE S. 156.

On every request for the issue of a first certificate of title-

whtre the value of land- $ cts.

does not exceed $240 ........................................... .86
exceeds $ 240 and does not exceed $ 720 ......... 1.75
exceeds $ 720 and does not exceed $1440 ......... 2.60
exceeds $1440 and does not exceed $2880 ......... 4.32
exceeds $2880 and does not exceed $4800 ......... 8.64
exceeds $4800 ..................................................... 17.50

On every memorandum of transfer of land-

where the value of the land-

does not exceed $1 200 ......................................... .86
exceeds $1200 and does not exceed $2400 ......... 1.75
exceeds $2400 and does not exceed $4800 ......... 3.46
exceeds $4800 ....................................................... 8.64

On every request, on transmission, for a new certificate
of title-

the same fee as on a memorandum of transfer.

On every certificate of title (except as provided in section 7
of this Act)-

the fee of one cent in every four dollars provided
by section 18 of this Act.

On every memorandum of mortgage-

where the amount of the mortgage-

does not exceed $480 ........................................... .45
exceeds $ 480 and does not exceed $1200 ......... .86

......... exceeds $1200 and does not exceed $2400 2.50

......... exceeds $2400 and does not exceed $4800 4.32
....................................................... exceeds $4800 8.64

On every transfer or discharge of a mortgage-
one half the fee payable on a memorandum of
mortgage.

On every memorandum-of incumbrance; and on every
transfer or discharge of an incumbrance-

the same fees, respectively, as on a memorandum
of mortgage, and on a transfer or discharge of a
mortgage.

IAWS OF ANTIGUA AND BARBUDA

litle by Regzstration (CAP. 429 105

N.B. The value of the incumbrance is to be
calculated as provided in the case of incum-
brances in the Fifth Schedule.

On every memorandum of lease-

where the rent-

does not exceed $240 ...........................................
exceeds $240 and does not exceed $480 .............
exceeds $480 .........................................................

On every request for the transfer or cancellation of a
lease-

the same fees as on a memorandum of lease.

On every caveat, other than a caveat under section 74 of
this Act ..........................................................................

................................................... On every caveat of seizure
...... On every order of removal, or withdrawal, of a caveat

O n every claim, under section 163 of this Act, for the
decision or direction of the Court of Appeal ..............

On every power of attorney for the purposes of this Act ..

................... On every certificate of closing of registration
..................................... On every search under one name*

On every general search* ....................................................

On every certified copy of any document-

if it does not exceed 5 folios .................................
if it exceeds 5 folios, then for the first 5 folios ....
and for every folio exceeding the first five ..........
N.B. A folio is to be reckoned at 72 words. An
incomplete folio is to be reckoned as a folio.

O n publication of application for certificate of title-
the cost of such publication (section 12).

On registration of an order under section 109 of this Act-
the same fee as on a memorandum of mortgage.

$ cts.

.45
1.20
2.50

* In every regisl~y a search book shall be kepl, in which lhe person making lhr
search shall enlei- and sign a memorandum 01 the search, and aJix lhereto Ihr
proper slump.

LAWS OF ANTIGUA AND BARBUDA

106 CAP. 429) Title by Registration

On every request, under section 63 of this Act, in respect
of an equitable mortgage-

the same fee as on a memorandum of mortgage.

On every scheme of division-

where the sale price- $ cts.

does not exceed $720 ........................................... .86
exceeds $ 720 and does not exceed $ 1440 ..... 2.50
exceeds $ 1400 and does not exceed $ 2880 ..... 4.32
exceeds $ 2880 and does not exceed $ 4800 ..... 13.00
exceeds $ 4800 and does not exceed $14400 ..... 26.00
exceeds $14400 ................................................ 43.20

On every crop advance warrant-

where the sum lent-

does not exceed $480 ........................................... .45
exceeds $ 480 and does not exceed $1440 ......... .86
exceeds $1400 and does not exceed $2880 ......... 2.50
exceeds $2880 and does not exceed $4800 ......... 4.32
exceeds $4800 ....................................................... 8.64

On every transfer of a crop advance warrant ...................... .45
........... On every execution under a crop advance warrant 1.20

FIFTH SCHEDULE S. 155.

1. First Certificate of Title and Transfer subsequent to First
Certificate of Title.

Fee based upon the value of the land on the following
scale-

For the first $480 minimum fee .......................... $20.16
For the second $480 ............................................ $10.08
For the next $3840 ............................................... I;%
For each succeeding $4800 or part thereof ....... 1%

2. Transmission-Taking out Certificate of Title, Consolidation
of Titles and Crop Advance Warrants.

Fee based upon the value of the land, or, in the case of
Crop Advance Warrants, the estimated crop value, on
the following scale-

LAWS OF ANTIGUA AND BARBUDA

Title by Registration (CAP. 429 107

One half of the sums specified in the sever-dl
categories set out in paragraph 1 of this
Schedule.

3. Mortgages, Transfer of Mortgages and Incumbrances.

.................................................. For the first $480 $15.12
............................................... For the next $4320 ?%

For all amounts in excess of $4800 ..................... ,%

4. Discharge of Mortgages and Caveats

For indorsement of discharge ............................. $10.08
Entering, withdrawing or removing Caveats ...... $10.08

5. Sale of Incumbered Land.

(a) Fees based upon the sale value of the land sold
on the following scale-

For the first $480 .................................................. 5%
For the next $480 ................................................. 4%
For the next $1920 ............................................... 3%
For the next $16,320 ............................................ 2%
For all amounts in excess of $19,200 .................. :%

( b ) For each additional application for or incidental
to the sale of incumbered land, such fee as the

.......................... Court may allow not exceeding $15.12

6. For replacement of a lost Certificate of Title ................ $15.12

7. Any work performed under this Act not provided for
............................................................. by this Schedule. Such

fee as
the

Court
may

allow
under

section
155.