§ (1.) Where any error or omission is made in the register, or where any entry in the register is made or procured by or in pursuance 309 of fraud or mistake, and the error, omission, or entry is not capable of rectification under the principal Act, any person suffering loss thereby shall be entitled to be indemnified in the manner in this Act provided.
§ (2.) Provided that where a registered disposition would if unregistered be absolutely void or where the effect of such error, omission, or entry would be to deprive a person of land of which he is in possession, or in receipt of the rents and profits, such person shall not be deprived, but the register shall be rectified and the person suffering loss by the rectification shall be entitled to the indemnity.
§ (3.) A person shall not be entitled to indemnity for any loss where he has caused or substantially contributed to the loss by his act, neglect, or default.
§ (4.) Where the register is rectified under the principal Act by reason of fraud or mistake which has occurred in a registered disposition for valuable consideration, and which the grantee was not aware of and could not by the exercise of reasonable care have discovered, the person suffering loss by the rectification shall likewise be entitled to indemnity under this section.
§ (5.) The Registrar may, if the applicant desires it, and subject to an appeal to the court, determine whether a right to indemnity has arisen under this section, and, if so, award indemnity. In the event of an appeal to the court, the applicant shall not be required to pay any costs except his own, even if unsuccessful, unless the court shall consider that the appeal is unreasonable.
§ (6.) Where indemnity is paid for a loss, the registrar, on behalf of the Crown, shall be entitled to recover the amount paid from any person who has caused or substantially contributed to the loss by his act, neglect, or default.
§ (7.) A claim for indemnity under this section shall be deemed a simple contract debt, and for the purposes of the Limitation Act 1623, the cause of action shall be deemed to arise at the time when the claimant knows, or but for his own default might know, of the existence of his claim.
§ Amendments made: In Sub-section (2) leave out "such person stall not be deprived but."—(Mr. Cozens-Hardy.)
At end of Sub-section (3) insert,—
and the omission to register a sufficient caution, notice, inhibition, or other restriction to protect a mortgage by deposit or other equitable interest, or any estate or interest created under Section forty-nine of the principal Act, shall be deemed neglect within the meaning of this Sub-section.
At the end of the clause add,—
This section shall apply to the Crown in like manner as it applies to a private person."—(The Attorney General.)
§ Clause 8,—