4.1104 Rejection of offered instruments.

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

History: 1962, PL7-31; 1968, PL 10-8.

Case Notes:

Under territorial statutes providing that the registrar should not record any instrument appearing to be illegal, but that any person aggrieved by any official action of the register could apply to the court “at any time” for direction or redress, a lessor would not prevail in an action for eviction based on non-recordation of a lease where (1) the lease was initially recorded by the registrar’s office; (2) an acting registrar later attempted retroactively to reject the lease, citing certain alleged illegalities; (3) upon trial of the eviction action, defendant invoked its right to judicial review of the registrar’s action and the court found that the lease was not illegal and was therefore properly accepted for recordation. A.S.C.A. §§ 4.1104, 4.1106. American Samoa Government v. Samoa Aviation, Inc., 11 A.S.R.2d 144 (1989).