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An Act to amend The Registry Act

R.S.M. 1987 Supp., c. 29

An Act to amend The Registry Act

Subsec. 20(1) rep. & sub.

1

Subsection 20(1) of The Registry Act being chapter R50 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Certified copy of document as evidence of original document.

20(1)

The original of any instrument, a certified copy of the original certified as previously having been registered at another land titles office, a certified copy of any record, document, plan, book or paper issued by a department of either the Federal or provincial governments or the Yukon Territory or Northwest Territories, a copy certified to the satisfaction of the registrar, or certified by a notary public to be a true copy, is registrable as an instrument or as evidence and proof of the original record, document, plan, book or paper that it purports to be.

Subsec. 44(3) rep. & sub.

2

Subsection 44(3) of the Act is repealed and the following section is substituted therefor:

Destruction of instruments after microfilming.

44(3)

Where an instrument has been microfilmed under subsection (1), the Registrar may destroy the instrument or cause it to be destroyed forthwith.

Secs. 62, 63 and 64 rep. & sub.

3

Sections 62, 63 and 64 of the Act are repealed and the following sections are substituted therefor:

Certified copies of plans and instruments.

62

The registrar shall, when required to do so, make and deliver a copy or copies of any plan or instrument that is registered and of all affidavits, memoranda or endorsements thereon or attached thereto, certified under the registrar's hand declaring that the copy is a true copy of the plan or instrument and of all affidavits, memoranda or endorsements thereon or attached thereto; and any copy so certified shall in all cases be received in evidence as prima facie proof of the facts and matters stated therein.

Certified copies of registered instruments as evidence.

63

A copy of any instrument duly registered in any registry office or land titles office in the province, certified to be such a copy under the hand of the registrar in whose office the instrument is or of his deputy, is receivable and admissible in evidence in all controversies in the courts of the province, without proof of the execution of the original of which it purports to be a copy, as prima facie proof of the original instrument and the due registration thereof, and of the due execution thereof by all person by whom the instrument purports to have been executed, and whose execution thereof has been verified by affidavit or affidavits of execution annexed or endorsed upon the instrument, of which affidavit or affidavits having been so annexed a copy certified as aforesaid as being a true copy thereof so annexed or endorsed is sufficient evidence.

Registration of certified copies.

64

Copies of instruments registered in any land titles office, certified under the hand of the district registrar, may be registered under this Act in any registry office or land titles office in so far as those instruments affect land not under The Real Property Act, and when so registered have the same effect as if the original had been duly registered under this Act, if the original instrument of which the certified copy purports to be a copy is one that could have been registered in the land mentioned registry office or land titles office.