(1) Nothing contained
in this Act shall affect the jurisdiction of the Courts of law and equity in
cases of actual fraud or over contracts or agreements for the sale or other
disposition of land or over equities generally.
(2) And the intention
of this Act is that, notwithstanding the provisions herein contained for
preventing the particulars of any trusts being entered in the Register Book,
and without prejudice to the powers of disposition or other powers conferred
by this Act on proprietors of land, all contracts and other rights arising
from unregistered transactions may be enforced against such proprietors in
respect of their estate and interest therein, in the same manner as such
contracts or rights may be enforced against proprietors in respect of land not
under the provisions of this Act: Provided that no unregistered estate,
interest, contract, or agreement shall prevail against the title of any bona
fide subsequent transferee, mortgagee, lessee, or encumbrancee, for valuable
consideration, duly registered under this Act.