(1) For the purposes
of all applications, the titles of applicants shall be divided into three
classes as follows:
(a)
Class I—When applicant is original grantee, and no transactions have
been registered
when the applicant is the original grantee from the Crown, and the land has
been granted on or subsequently to the first day of March, 1842, and no
transaction affecting the title has at any time been registered, and the
applicant has not required notice of his application to be served personally
upon any person;
(b)
Class II—When applicant is not original grantee, or any transactions
have been registered
when, although the title does not belong to the first class, the land is held
by the applicant for the estate or interest described in the application free
from mortgage, encumbrance, or other beneficial interest affecting the title
thereto, or if any such mortgage, encumbrance, or interest exists the parties
interested therein join in or consent to the application, and the applicant
has not required notice of his application to be served personally upon any
person;
(c)
Class III—When evidence of title imperfect
when any person beneficially interested in the land otherwise than as lessee,
or any person interested in any mortgage or encumbrance affecting the title,
is not a party joining in or consenting to the application, or the title or
evidence of title set forth by the applicant is imperfect, or the applicant
has required notice of his application to be served personally upon any
person.
(2) If it shall appear
to the Registrar-General that the title of the applicant belongs to the first
class he shall bring such land under the provisions of this Act forthwith.