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Chapter 11 - Public Records

Chapter 11 - Public Records

4.1101 Duties.


(a) The Territorial Registrar shall have the following duties:

(1) He shall keep full and true records of all instruments authorized to be registered, recorded, or filed in his office, provided that the person offering any instrument for registration, recording or filing shall pay in advance the fee required by law.

(2) When any instrument is delivered to him for registration, filing, or recording, he shall endorse thereon the date and hour of such delivery and shall, as soon as possible, register, file, or record the same in full, including the endorsement, in the proper manner in a book kept for that purpose, with an alphabetical index.

(3) He shall keep a seal of office with which he shall stamp all instruments registered and all copies of records certified by him.

(4) He shall be the custodian of the archives of, and register volumes of, the government, including but not limited to, the registers of native land titles, land transfers, court grants, miscellaneous, matai titles, native leases, corporations, and all other related documents and registers of the government.

(5) He shall be the secretary and a member of the land commission.

(6) He shall have all of the duties formerly attached to the registrar of titles and all the duties of the clerk of the High Court and or the registrar of titles as described in 1.0401 et seq., 4.0325, 4.1101 et seq., 27.1510, 27.1511, Title 30, 37.0101 — 37.0113, 37.0120, and 37.0210.

(b) In addition to the duties described in subsection (a), the Territorial Registrar shall have such other duties as the Governor or his authorized representative may from time to time designate.

4.1102 Definitions.


“Instrument,” when used in this chapter, unless the context clearly indicates a different meaning, includes any grant, certificate of title, conveyance, transfer, assignment, mortgage, lease, power of attorney, will, exemplification of will, letters testamentary or of administration, judgment, execution, sequestration, attachment, or a certified copy of any of the enumerated writings.

4.1103 Oaths and acknowledgments.


The Territorial Registrar and his authorized deputies may give oaths and take acknowledgments.

4.1104 Rejection of offered instruments.


The Territorial Registrar may reject any instrument appearing to be illegal or not entitled under the law to be registered, filed, or recorded.

4.1105 Records to be public—Inspection.


All books of registry, the records contained in them and the indexes of their contents shall be public records and open to the inspection of the public at the registration office, in the presence of the territorial registrar or one of his assistants during office hours.

4.1106 Appeal to High Court.


The Territorial Registrar or any person aggrieved by any official action of his may, at any time, apply to the High Court for direction or redress.

4.1110 Duties.


The Registrar of Vital Statistics shall:

(1) be the custodian of and accurately maintain registers of all marriages, divorces, births, deaths, and adoptions, and such other registers as the Governor or his authorized representative may from time to time designate;

(2) upon request and payment of proper fees, furnish certified copies of such documents as he may have in his custody; and

(3) issue marriage licenses.

4.1111 Records to be provided by clerk of High Court.


The Clerk of the High Court shall forward to the Registrar of Vital Statistics certified copies of all decrees of the court related to divorce, adoption, or any other matter which directly relates to vital statistics, for the use of the Registrar of Vital Statistics in the maintenance of accurate records.

4.1112 Oaths and acknowledgments.


The Registrar of Vital Statistics and his authorized deputies may give oaths and take acknowledgments.