34Where caveator fails to prosecute proceedings

34 Where caveator fails to prosecute proceedings Where a caveator has under section 32 given notice to the registrar-general that he or she has taken proceedings to establish his or her title, but the proceedings have not, within 6 months after the date of writ or commencement of the proceedings, been continued to such a state as to have resulted in a decision, judgment or order by the court in which the proceedings are pending, the registrar-general, on giving 1 month’s notice to the caveator or to the legal practitioner whose name appears on the caveat of his or her intention to proceed, or, if neither of such courses be practicable, then on posting or exhibiting the notice on the land for a period of 30 days, may proceed with the application, notwithstanding section 31, and may bring the land, the subject of the application and of the caveat, under this Act, unless in the meantime an order or injunction restraining the registrar-general from further proceeding with the application has been served on him or her.

Part 6 Bringing land under the Act—miscellaneous Part 6 Bringing land under the Act— miscellaneous 35 Documents of title how to be dealt with (1) On registering an interest bringing land under this Act, the registrar-general shall cancel every document of title deposited by the applicant when making his or her application, and in the case of a leasehold shall endorse upon the lease so deposited a memorandum stating that the lease has been brought under this Act, and shall certify the memorandum by his or her signature and seal, and shall, in the case of a Crown lease, file the lease in his or her office, and, in other cases, return the lease to the applicant, and shall file in his or her office the certified copy of such lease directed by section 20 to be furnished by the applicant. (2) If any such document relates to or includes any property, whether personal or real, other than the land included in the register, the registrar-general shall endorse thereon a memorandum cancelling the document in so far only as relates to the land included in the register, and shall return the document to the applicant. (3) The registrar-general shall retain in his or her office all documents so cancelled, except such documents as he or she is by this section directed to return to the applicant, and no person shall be entitled to the production of any such document so cancelled except upon the written order of the applicant or of some person claiming through or under him or her or upon the order of the judge of the court.