This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® Digitized by Microsoft® QJnrnrll Ham ^dinnl Hibrary Digitized by Microsoft® KD 984.M87'" ""'"™''"' "-'""^ * ''liiiiiiBiiiii'iii™?.,,'?.'!!,.?' 'and and mortgag 3 1924 021 640 630 Digitized by Microsoft® Digitized by Microsoft® A SUMMARY OP THE LAW OF LAND AND MORTGAGE REGISTRATION IN THE BRITISH EMPIRE AND FOREIGN COUNTRIES. WITH AN APPENDIX CONTAINING THE LAND TRANSFER ACT, 1875, THE LAND TRANSFER BILL, 1895, AND THE LAW OF INHERITANCE AMENDMENT BILL, 1895. Rt BURNET MORRIS, M.A., LL.B. (Cantab.), OF THE MIDDLE TEMPLE, BABBISTEK-AT-LAW. LONDON: WILLIAM CLOWES AND SONS, Limited, 27, FLEET STREET. 1895. Digitized by Microsoft® Digitized by Microsoft® PREFACE. This small book is based upon the author's pamphlet on " Registration of Titles," published in 1886. Its object is to present to the reader a short statement of the law of land and mortgage registration in operation in the United Kingdom, British Colonies, and other parts of the world, and to supply an index to the authorities where the details of such law are to be found. In dealing with England, a sketch is also given of the various proposals to introduce a general system of compulsory land registration, prefaced by a list of the literature on that subject for the last two hundred and fifty years. A short account of the practice of registration under the Land Transfer Act of 1875, and the Small Holdings Act of 1892, will be found, and also an Appendix containing the Land Transfer Act, and the Land Transfer and Law of Inheritance Amendment Bills, 1895. Reference is made to the laws of nearly all the British Colonies, and in some instances particulars are given of the formalities required on the execution in England of deeds dealing with colonial land. In the foreign section those countries have been selected of which the mortgage laws are of importance in England. R. B. M. 15, Old Square, Lincoln's Inn, Marcli, 1895. a 3 Digitized by Microsoft® Digitized by Microsoft® TABLE OF CONTENTS. PAOE Index TO English Cases CITED .. .. .. .. .. xi PART I. 1. Literature dealing with Land Eegistration in England .. .. 1 2. Sketch of the proposals to introduce a compulsory system of Land Eegistration in England . . . . . . . . . . 5 PART II. Systems of Land and Mortgage Registeation now in opeeation IN England. 1. Voluntary Eegistration under the Land Eegistry Act, 1862 (only available for land already registered) . . . . . . 35 2. Voluntary Eegistration under the Land Transfer Act, 1875 . . 38 3. Local and Special Eegistration. (a) Bedford Level . . . . . . . . . . . . 45 (b) Crown Lands . . . . . . . . . . . . . . 46 (c) Duchy of Cornwall . . . . . . . . . . 47 (d) Forest of Dean . . . . . . . . . . . . ib. (e) Middlesex .. .. .. .. .. .. ib. (/)Stannaries .. .. .. .. .. .. .. 51 (g) Yorkshire Registries . . . . . . . . . . . . 52 4. Other instances of Land and Mortgage Eegistration. (a) Annuity Deeds .. .. .. .. .. .. 55 (J) Bills of Sale ib (c) Charities .. .. .. .. .. .. 56 ((i) Copyholds 57 (e) Debenture Stock .. .. .. .. .. .. ib. (/) Deeds of Arrangement .. .. .. .. ib- (g) Disentailing Deeds . . . . . . . . 58 (h) Land Charges . . . . . . • ■ ■ ■ • ■ ib. Digitized by Microsoft® vin CONTENTS. (i) Leaseholds (/) Local Authorities' Loans (k) Mortgages and Mortgage Debentures (0 Patents (m) Powers of Attorney . . («) Public, Land dedicated to the (o) Ships .. (p) Small Holdings TAGK 58 59 ib. 60 ib. 61 PART III. Land and Mortgage Registration in Scotland and Ireland. Scotland .. .. .. .. .. .. 63 Ireland .. .. .. ..64 PART IV. Land and Mortgage Registration in British Colonies and Dependencies. A. — In Europe. Isle of Man .. 67 Jersey ib. Gibraltar . . 68 Malta .. ib. Cyprus B. — In Asia. ib. India .. 69 Ceylon 70 Aden 71 Straits Settlements .. ib. Hong Kong .. 72 Lahuan .. ib. British North Borneo C. — In Africa. .. ib. (i.) West Coast. The Gambia .. 73 Sierra Leone .. ib. Gold Coast . . ib. Lagos .. 74 (ii.) South Africa. Cape Colony .. ib. Natal 75 Griqualand West .. .. ib. British Beohuanaland .. 76 Digitized by Microsoft® CONTENTS. IX PAGE (iii.) Mauritius .. .. .. 76 Seychelles 77 D. — In America. Canada. Quebec .. .. .. .. .. .. .. .. ih. Ontario 78 Nova Scotia . . 79 New Brunswick . . . . . . . . . . .. ih. Prince Edward Island .. .. .. .. .. .. il. Manitoba .. .. .. .. .. .. .. .. ib. British Columbia . . . . . , . . . . . . . . 80 North-West Territories . . . . . . . . . . . . ib. Newfoundland .. .. .. .. .. .. .. .. ib- The Bermudas . . . . . . . . . . . . . . . . 81 West Indies. Jamaica .. .. .. -. .. ■■ ib. Turks and Caicos Islands . . . . . . . . . . ib. Bahamas .. .. .. .. .. .. •• •• 82 Leeward Islands . . . . . . . . . . . . . ■ ii. Windward Islands Grenada and the Grenadines .. .. .. .. 83 St. Lucia 84 St. Vincent *• Barbados .. .. .. .. •• •• •• ■• *^- Trinidad and Tobago . . . . . . ■ • . . 85 British Honduras .. .. .. .. •• •■ ■■ *• British Guiana .. .. .. .. .. •• •• •• 86 Falkland Islands *• E. — In Australasia. New South Wales 87 Victoria 88 South Australia . . . . . . . . ■ • • • • • ■ • ^'^ Queensland .. .. .. -. •• ■• •• •• ^^ Western Australia .. .. .. ■■ •• •• •• 9* Tasmania New Zealand Fiji 95 ih. 96 PAET V. Land and Moetgage Eegisteation in Foreign Countries. Argentina .. •■ ■• ■• ■• •• •■ "8 Austria-Hungary. Austria .. .. .- •■ •• ■■ •■ -■ °9 Hungary .. .. .. •• ■• •• •• •• *"• Digitized by Microsoft® CONTENTS. Belgium . . Brazil Chili Denmark Egypt .. France . . Germany Prussia Greece . Holland . Italy Mexico . Norway . Portugal . Eussia Spain Sweden . Switzerland Turkey .. United States of America FAOE 100 101 ib. 102 *. 103 105 107 ib. 108 ih. 109 ib. ih. 110 ib. Ill ib. 112 APPENDIX. The Land Transfer Act, 1875 The Land Transfer Bill, 1895 The Law of Inheritance Amendment Bill, 1895 Index 115 159 171 173 Digitized by Microsoft® INDEX TO ENGLISH CASES CITED (a). PAOE Arden v. Arden, 29 Oh. D. 702 ; 54 L. J. (Oh.) 655 ; 52 L. T. 610 ; 33W. E. 593 50 Bailey v. Barnes (1894), 1 Oh. 25 ; 69 L. T. 542 ; 63 L. J. Oh. 73 ; 42W. E. 66 24 Black u. Williams (1895), 1 Ch. 408 60 Burrows v. Holley, L. E. 35 Ch. D. 123; 56 L. J. (Ch.) 605 ; 56 L. T. 506 ; 35 W. E. 592 49 Cardigan v. Curzon-Howe, 30 Ch. D. 531 ; 33 W. E. 836 .. .'. 24 Chadwick v. Turner, L. E. 1 Ch. 310 ; 14 W.E. 491 ; 14 L. T. 86 ; 35 L. J. (Ch.) 349 ; 12 Jnr. 153, 239 53 Childers v. Childers, 1 De G. & J. 482 46 Credland v. Potter, L. E. 10 Ch. 8 ; 44 L. J. (Ch.) 169 ; 31 L. T. 522; 23W. E. 36 49 Drew's Estate, In re, L. E. 1 Ch. 126 ; 11 Jur. (N.S.) 1030 .. 38 In re. Ex parte Mason, L. E. 2 Bq. 206; 14 L. T. (N.S.) 278; 12 Jur. (N.S.) 425 37 Gough V. Gough (1891), 2 Q. B. 665 ; 60 L. J. (Q. B.) 726 ; 65 L. T. 110 ; 39 W. E. 593 ; 55 J. P. 807 58 Greaves v. Tofield, 14 Ch. D. 563 ; 43 L. T. 100; 28 W. E. 840 .. 55 Hall-Dare v. Hall-Dare, 31 Ch. D. 251 ; 55 L. J. (Ch.) 154 ; 54 L. T. 120; 34 W.E. 82 58 Hawthorne, /» re, L. E. 23 Ch. D. 743 104 Hodgson V. Dean, 2 Sim. & Stu. 221 50 Hodson w. Sharpe, 10 East 350 45 James v. Young, 27 Ch. D. 652 ; 53 L. J. (Ch.) 793 ; 51 L. T. 75 ; 32W. E. 981 47 Kennard, In re, 13 W. E. 302 ; 11 Jur. (N.S.) 27 ; 11 L. T. (N.S.) 585 38 Le Neve v. Le Neve, 1 Ves. Sen. 64 ; 3 Atk. 646 48 Mason, Ex parte. In re Drew's Estate, L, E. 2 Eq. 206 ; 14 L. T. (N.S.) 278; 12 Jur. (N.S.) 425 37 Munton v. Truro, 17 Q. B. D. 783 ; 55 L. J. (Q. B.) 563 ; 55 L. T. 293; 35 W.E. 138 .. .. 49 Mutter V. Eastern & Midland Ely. Co., 38 Ch. D. 92 ; 57 L. J. (Oh.) 615; 59 L.T. 117; 36 W.E. 401 57 (a) For Irish and Colonial oases see under the respective headings. Digitized by Microsoft® Xll INDEX OF THE ENGLISH CASES CITED. PAGE Pope, Jn re, 17 Q. B. D. 743 ; 55 L. J. (Q. B.) 522 ; 55 L. T. 369 ; 34W. B. 693 29 Reg. V. Vice-Eegistrar of Land Registry, 24 Q. B. D. 178 ; 59 L, (Q. B.) 113 ; 62 L. T. 117 ; 38 W. R. 236 ; 54 J. P. 120 . . 30 Reg. V. Registrar of Deeds, 21 Q. B. D. 555 48, 49 Rex I). Bedford Level Corporation, 6 East 356 .. .. .. 45 Rex ?;. Commissioners of Navigation, 4 T. R. 730 .. .. .. 46 Richardson, In re, L. R. 12 Eq. 398; 13 Eq. 142 ; 25 L. T. 12 ; 19 W. R. 1048 ; 20 W. R. 163 ; 41 L. J. (Oh.) 221 .. .. 38 Roberts, In re, L. E. 10 Eq. 402 ; 22 L. T. 262, 699 .. .. 19 Rodger v. Harrison (1893), 1 Q. B. 161 ; 62 L. J. (Q. B.) 213 ; 68 L. T. 66; 41 W. R. 291; 4R. 171 55 Russell Road, In re, L. R. 12 Eq. 78 ; 23 L. T. 839 ; 19 W. E. 520 50 59 49 38 59 Somerset v. Land Securities Co. (1894), 3 Ch. 464 . . Sumpter v. Cooper, 2 B. & Ad. 226 . . Tritton, In re, W. N. (1891), p. 194 .. Underbank, &c., Co., In re, L. R. 31 Ch. D. 226 Yan Gelder v. Sowerby, 44 Ch. D. 374 ; 59 L. J. (Ch.) 583 ; 63 L. T. 132; 38 W.R. 625 Weir, re, HoUingsworth v. Willing, 58 L. T. 792 Willis u. Brown, 10 Sim. 127 Winter, In re, L. R. 15 Eq. 156 ; 21 W. E. 320 ; 42 L. J. (Oh.) 318 27L. T. 842 Wright V. Horton, L. R. 12 App. Cas. 371 ; 56 L. J. (Ch.) 873 ; 56 L. T. 782 ; 36 W. R. 17 60 48 45 38 59 Digitized by Microsoft® A SUMMARY OF THE LAW OF LAND AND MORTGAGE REGISTRATION. PAET I. 1. Literature of Land Ebgisteation in England (a). " Eeasons against the Bill for County Eegisters," Anon. 1653. " Reasons and Proposals for a Registry or Remembrancer of all Deeds 1671. and Incumbrances of Real Estates, to be had in every county, most necessary and advantageous, as well for Sellers and Borrowers, as Pur- chasers and Lenders. To the advance of credit, and the general good, without prejudice to any honest-minded Person, most humbly offered to consideration," by Nicholas Philpot. JBarleian Miscellany, vol. 3, p. 320. " A Treatise concerning Registers to be made of Estates, Bonds, Bills, „ &c., with reasons against such Registers," by the Hon. Mr. William Pierrepoint. Harleian Miscellany, vol. 3, p. 316. " Reasons for a Registry," Anon. 1678. " Reasons against a Registry for Lands," Anon. „ " A Treatise shewing how useful, safe, reasonable, and beneficial the 1694. Enrolling and Registering of all Conveyances of Lands may be to In- habitants of this Kingdom," by Lord Chief Justice Hale. Somers' Tracts, vol. 2, p. 81. " A Treatise on InroUing and Registering," Anon. 1695. " Proposal for the erection of County Registers for Freehold Land," 1697. by B. B. Asgill, " Registry for Titles of Land." 1698. (a) The authorities on Land Registration in British Colonies and foreign countries are referred to under their respective headings. B Digitized by Microsoft® A A SUMMARY OF THE LAW OF 1698. " Reflections on Mr. Asgill's Essay," Anon. 1699. " Eeply to Eeflections on Mr. Asgill's Essay," Anon. 1789. Francis P. Plowden, " Impartial Thoughts upon the beneficial con- sequences of inroUing all Deeds, Wills, and Codicils affecting Land throughout England and Wales.'' 1798. Eigge on Registration. 1819. John Wilson, "Middlesex and Yorkshire Registries.'' 1829. R. H. Coote, Letter to the Real Property Commissioners. „ Robert Walters, Letter to the Real Property Commissioners. „ " Records and Registration," Quarterly Review, vol. 39. „ John Tyrrell, " Suggestions to the Real Property Commissioners." „ John Hodgkin, " Observations on a G-eneral Registry." 1830. Edinburgh Review, vol. 51, p. 159, " Public Registry." ,, H. Bellenden Ker, " The Question of Registry or no Registry con- sidered." W. W. Humphry, " Contributory Remarks on a Greneral Registry.'' 1831. Second Report of the Real Property Commissioners. „ Jeremy Bentham, " Outline of a Plan of Greneral Register.'' C. P. Cooper, " Registration and the Extrinsic Formalities of Convey- ances." 1846. J. E. Dibb, " Practice in the Yorkshire Registries." 1850. Report of Registration and Conveyancing Commission. „ B. Sugden, " Shall we Register our Deeds ? " 1851. Hazlitt on Registration. 1853. H. Bellenden Ker, " Shall we Register our Deeds ? " J. T. Humphry, " Registration of Assurances Bill, 1853." Ig54_ T. P. Keene, " Annihilation of Past Titles considered as the only effectual Amelioration of Titles." Joseph Goodeve, " Shall we Transfer our Lands by Register ? " 1855. W. R. A. Boyle, " Suggestions for a General Index of Title to Real and Personal Property." 1857. Report of Royal Commission on Registration of Title. E. N. Ayrton, " Indefeasible Title." 1859. J. M. Ludlow, " Stock Registers, Share Registers, and Land Registers." , Juridical Society's Papers, vol. ii. p. 140. 1862. Joshua Williams, " True Remedies." Juridical Society's Papers, vol. ii. p. 589. „ E. P. Wolstenholme, " Simplification of Title.'' Juridical Society's Papers, vol. ii. p. 533. „ H. Gough, "Manual of Practice in the Office of Land Registry.'' W. D. Bruce, " Registration Act, 1862." 1863. Tenison Edwards, " Shall we Register Title ? " Robert Wilson, " Registration of Title." „ E. N. Ayrton, " Treatise on the Transfer of Land Act." 1864. Robert J. Abraham [Popular Account of Lord Westbury's Act]. 1868. Hayes, " Free Trade in Land." Digitized by Microsoft® LAND AND MOETGAGE EEGISTRATION. 3 Eeport of Royal Oommission on Land Transfer. 1870. Sir George Bowyer, " Reform of the Law of Real Property." Juridi- „ ' cal Society's Papers, vol. iii. p. 531. R. Robinson, " Anticipations under the Commonwealth of Changes in „ the Law," ib. vol. iii. p. 595. " Observations on the Land Transfer Bill," by Lord St. Leonard's. Systems of Land Tenure (Cobden Club). J. E. Dibb, " Forms of Memorials as used at the Yorkshire Registries 1871. of Deeds." 3rd edit. P. H. Colt, " Land Transfer Question." I873. George Sweet, " Impediments to the Transfer of Land." Juridical „ Society's Papers, vol. iv. p. 81. G. Sweet, " Land Titles and Transfer Bill." 187i. C. Cavanagh, " The Great Land Question." 1875. Holt on "The Land Transfer Act, 1875." 1876. Sir R. Torrens, " Transfer of Land " (Cobden Club). 1877. Report of Select Committee of the House of Commons on Land 1879. Transfer. Joseph Kay, " Free Trade in Land." 2nd edit. ^> Littlejohn, " Land and Law at Home and Abroad." 1880. R. Arthur Arnold, " Free Land." G. Shaw-Lefevre, "English and Irish Land Questions.'' 2nd edit. 1881. G. 0. Brodrick, " Reform in English Land System." 1883. Duke of Marlborough, Fortnightly Eevieio, vol. 37, p. 544. 1885. Joseph Powell, " How to make Simple the Transfer of Land." „ "Dialogue between a Doctor of Laws and a Student touching the „ Reasons why the Land Transfer Acts are not generally used." 2nd edit. E. M. Underdown on Registration. „ W. Lloyd Birkbeck, " Historical Sketch of the Distribution of Land " in England." Duke of Argyll, Contemporary Review (October). » Lord Davey (then Mr. Horace), Letters to the Times, September 23rd, „ 25th, and 30th. P. H. Colt, " Land Transfer Question." H. Tyrwhitt Frend, " Perexigua." C. A. Fyffe, Fortnightly Review. „ R. H. Holt, Letter to the Times, October 7th. » H. Elphinstone, Law Quarterly Review, January and April. 1886 Bar Committee, " Land Transfer." 1, A. Arnold, Letters to the Times, January 14th and February 5th. „ Incorporated Law Society, " Statement on the Land Laws." » G. Shaw-Lefevre, Letter to the Times, February 15th. » John Topham, " Essay on the Registration of Titles." ■> R. W. Pearless, " Land Transfer " (Law Magazine). „ 0. P. Briokdale, " Registration of Title to Land." „ British Quarterly Review, vol. 74, p. 370. „ Digitized by Microsoft® 4 A SUMMARY OF THE LAW OF 1886. Lord Hobliouse, Gonfemporary Sevieiu. ,, T. Key, Law Quarterly Review (July). „ Sir J. P. Stephen, National Review. „ J. Swann, National Review. „ Westminster Review. „ A. Eumsey, Land Transfer Bill (Law Magazine). „ Alex. Eobertson, Land Transfer Bill (Law Magazine). „ Solicitor's Journal, series of articles in. „ 0. H. Sargant on the Land Transfer Bill, 1887 {Law Quarterly Review). '„ Hugh M. Humphry on the Land Transfer Bill, 1887 {Law Quarterly Review). „ J. Pym Teatman, the Land Transfer Bill. 1888. John Topham, " Review of the Provisions of the Land Transfer Bill, 1887." W. H. B. Atkinson on Land Transfer Bill, 1887. „ John Wilson, " A Cottage Tenant's Views concerning the Transfer of Land by Eegistration." 1889. 0. F. Briokdale, Lecture on Eegistration of Title to Land. Hugh M. Humphry on the Land Transfer Bill, 1889 {Law Quarterly C. E. Thornhill, "How to Simplify our Titles" (Law Quarterly Review). " New Rules under the Land Transfer Act, 1875 " {Law Magazine). 1890. William Pilling, " Land Tenure by Registration.'' „ H. Grreenwood, "Registration, or Simplification, of Title?" {Law Quarterly Review). „ H. W. Challis, "The Compulsory Registration of Titles" {Law Quarterly Review). 1891. C. F. Briokdale, "Le systeme Torrens en Angleterre" {Revue d'economie politique). „ 0. F. Briokdale, " Practice of the Land Registry." H. Brougham Leech, " Registration of Title v. Registration of Assur- ances." 1892. C. F. Briokdale, " Registration in Middlesex." 1893. T. R. Colquhoun Dill, " Transfer of Land." 1894. A. Rumsey, " The New Land Transfer Bill " {Law Magazine) . „ C. F. Briokdale, " Notes on Land Transfer." „ Solicitor's Journal, November 3 (Mr. E. P. Wolstenholme's scheme). 1895. Law Times, February 16th. „ T. Marshall on " Associated Provincial Law Societies " (Leeds : McCorquodale & Co.). Digitized by Microsoft® land and m0etga6e registration. 5 2. Sketch of the Proposals to intkoduce a Compulsory System of Land Eegisteation in England. In early times land transfer was invariably accompanied by a public ceremony (a). Before the introduction of docu- ments, the parties went to the land accompanied by chosen witnesses, and the transfer was completed by the grantee or purchaser actually taking possession. Later on, the right to possession and the actual possession seem to have been conveyed by the simple modern process of passing the " books " or mutual exchange of deeds (6). There was a custom of selling bookland (as land held by individuals as opposed to folkland, or land held by the community, came to be called) at the Sheriff's County Court, and of recording the sale at the nearest monastery in a chartulary, or in a manuscript of the Gospels, or in a " land book," and these were sometimes placed on the altar. Such a register (but of the houses own titles) is the liber evidentiarum of St. Augustine's, at Canterbury (c). In the ninth century deeds, grants, and conveyances of Ninth free lands were enrolled in the shire book in public shire- "'"^ "'^^' moot, after proclamation there made for any to come in that could claim any right in the lands conveyed, and if no objection was made, the conveyance, after proclamation and enrolment, was irreversible as fines with proclamation or recoveries were subsequently {d). " The system of making grants by written instruments went on unchecked until, with the advent of the Normans and the system of feudal tenures, the old significance of the A.S. book, as well as the name, almost disappeared. The importance of the book primarily lay in its opposition to the old Germanic customs (a) Stubbs, " Const. Hist.," vol. i. p. 130. (6) " Anglo-Saxon Land Law," Lodge, p. 110 ; Kemble'a " Saxons in England," Bk. I. oh. xi. ; Kemble'a "Codex Diplomaticus," Introd. ; 2 Bla. Com. (KeiT's edit.) 297 ; Reeves, " History of English Law," vol. i. p. 10. (e) Robinson, Juridical Society's Papers, vol. iii. p. 59i ; 3rd. series Hansard [115], p. 4. (cJ) Gurdon on Courts Baron, p. 589. Digitized by Microsoft® b A SUMMARY OF THE LAW OP and principles, and in the protection it afforded against the claims recognized by that system. When each and every estate formed but one link in the great feudal chain, there was no longer any use in the book as the Anglo-Saxons conceived it. The only characteristic it retained was as an evidence of title. Charters and title deeds went on accumu- lating in great abundance ; but the old Saxon book perished with the Conquest " (e). Analogous to these records, dating from the earliest English times, were the court rolls of manors. The customary tenant, who had sold his holding in villenage, would appear and surrender his land to the lord or his steward, and the purchaser would request ad- mittance. This transaction would be recorded on the rolls of the court, an authorized copy of the entry on the rolls of the court forming the muniment of title, and giving the name of " copyholder "(/). [Richard I. made the Jews keep inventories of their debts, mortgages, lands, houses, revenues, and possessions ; but these must be considered as part of an apparatus for extortion rather than registers of title.] (g). The Domesday Survey ordered by the G-emot of Gloucester, 1085, was the earliest instance of a general land register. Eleventh From the time of the Norman Conquest, the usual mode of conveyance was feoffment with livery of seisin, that is, actual delivery of possession, and this was performed either on the land to be conveyed or in sight of it. Gradually it became usual for livery of seisin to be accompanied by a charter of feoffment. Xo regular form was required for such a charter, nor was there, in fact, any uniformity in the style till the reign of Edward I. Although the charter of feoffment was not at first a necessary part of the convey- ance, it was found to be convenient as a means of securing titles, and by the Statute of Frauds (29 Car. II. c. 3) was declared to be necessary in all cases (h). (e) Lodge, " Anglo-Saxon Land Law," p. 112. If) Digby, " Hist, of Real Property," 3rd edit., p. 246. (g) Madox, " Hist, of the Exchequer," ch. vii. as. v. and vi. (h) Bacon's Abridgment, " Feof&nent." Digitized by Microsoft® century. LAND AND MORTGAGE REGISTRATION. 7 Secret alienations soon came in, the most common being Henry by the system of conveyancing, known as " lease and re- lease." In order to explain this mode of alienation reference must first be made to another mode, namely, " bargain and sale." " Bargain and sale " was a conveyance whereby the bargainor or vendor, in consideration of money, bargained and sold and contracted to convey an estate to the bargainee or purchaser. Before the Statute of Uses, 27 Hen. VIII. c. 10, the bargainee got the use, the bargainor retaining the seisin. But by that statute the bargainee got the legal as well as the equitable estate, the use being executed in him, and thus the legal estate might pass by a secret contract without livery of seisin. The Statute of Inrolments, 27 Hen. VIII. c. 16, was passed very shortly after the Statute of Uses, to put an end to this. It enacted that bargains and sales of freehold estates should be made by deed, and enrolled withia six months at Westminster, or in the county where the land was situated. The Statute of Inrolments referred only to freeholds, hence a lease for a term of years did not require to be enrolled. With a view of escaping the necessity of enrolling, it became the practice to carry out sales by means of a bargain and sale or lease for one year to the purchaser, followed by a release to him by the vendor of the reversion expectant on the determination of the lease, with a result that the pur- chaser obtained the whole of the vendor's estate. The Statute of Uses put the purchaser in possession of the land without the necessity for any entry. Conveyance by lease and release continued to be the usual method of transfer down to the year 1841, when it was enacted (4 & 5 Vict. c. 21) that a release alone should be as effectual a conveyance as a lease and release. Finally, in 1845 (8 & 9 Vict. c. 106), a simple deed of grant was substituted for the transfer of all lands. The Statute of Inrolments was thus of no use in checking secret conveyances ; and, moreover, this would have been the case in many instances, apart from the ingenuity which originated the lease and release, for the Digitized by Microsoft® 8 A SUMMAEY OP THE LAW OF statute did not extend to hereditaments lying within any- city, borough, or town corporate, wherein the mayors, recorders, or other officers had authority to enroll deeds (i). A further effort to secure publicity was made in the Elizabeth, reign of Queen Elizabeth, when an Act of Parliament (k) was passed requiring bargains and sales to be enrolled in the county courts of Lancaster, Chester, and the bishopric of Durham, relative to land in those districts. The statute proved inoperative, as no place was assigned for the keeping of the records, and the registrar was not held responsible for the faithful discharge of duty (I). The statutes against fraudulent conveyances and devises (13 Eliz. c. 5, & 27 Eliz. c. 4) were also attempts in the 1617. same direction. Sir Francis Bacon, by his own authority, issued a sort of edict, whereby he z'equired that all deeds should be registered in a particular office ; but after his fall that measure fell along with him (m). Eegistration was one of the subjects which at an early period during the Interregnum engaged the attention of Parliament. In February, 1649, a Bill was brought in " for the abstracting and registering of all matters of record within England, the 1649. dominion of Wales, and the town of Berwick." It dragged on until 1651, when it dropped. The same fate befell the next Bill, which was introduced in 1651, and dropped in 1659 (w). There were proposals for county registries : sales not recorded in them within a certain time were to be void : land, the sale of which was so recorded, was not to be subject to any incumbrance. But because the committee could not, after trying for three months, settle what an incum- brance was, the proposal fell to the ground, and registration was left permissive, that is, nugatory (o). " The English («■) 2 Sanders on Uses (4th edit.), p. 58 ; preamble of stat. 5 & 6 Anne, 0. 18; and Quarterly Meview, vol. xxxix. p. 70. (A;) 5 Eliz. c. 26. (T) Second Eeport of Real Property Commissioners, 1831, p. 110. (m) Lord Campbell's speech, 1851, 3 Hansard [115], p. 4. (r) Eeport of Eegistration and Conveyancing Commission, 1850, p. 233. (o) Carlyle, " Cromwell's Letters," vol. xvi. p. 205 (Library edition) ; Ludlow's " Memoirs," vol. i. p. 33i. Digitized by Microsoft® LAND AND MORTGAGE REGISTRATION. 9 people," said Cromwell, " will take Ireland, which is as a clean page in that particular, for a precedent ; and when they see at how easy and cheap a rate property is there preserved, they will never permit themselves to be cheated and abused as they now are " (j»). Publicity was the great objection raised by persons opposing the scheme {q). Ten years later, 1669, the subject was revived, this time i669. by the House of Lords (r). A committee was appointed to consider the cause of the depreciation of landed property, and it reported that one cause was the uncertainty of titles to estates, and that the remedy would be that there should be a Bill of Registry, meaning thereby a system of regis- tration, but Parliament did not pass that measure (s). Pamphlets dealing with the question of registration now began to appear. Thus, in 1671, there were two, one on each side {t). Then in 1678 an anonymous pamphlet called " Reasons for a Registry " appeared advocating local regis- tries, the argumerit being that thereby loans upon mortgage would be encouraged. This was replied to by another anonymous pamphlet called "Reasons against a Registry for Lands " (1678), in which the writer humorously sets forth the difficulties which would attend the completion of mortgages if it were necessary to go to the local registry possibly at some considerable distance and an undertaking of some risk in the then state of the roads. In the same reign conveyances of a portion of the land Bedford forming part of the great level of the fens, called Bedford Level, came into force {u). (p) Robinson, Juridical Society's Papers, vol. iii. p. 595. (g) " Reasons against the Bill for establishing County Registers," Anon. 1653. (r) It may be here observed that the system of registration of title to ships had its origin at this period, having been introduced by the Navigation Act, 12 Oar. II. o. 18, s. 10. (s) Lord Campbell's speech, 1851, 3 Hansard [115], p. 5, Report on Registration, 1850, p. 233. (i) N. Philpot and W. Pierrepoint, printed in Harleian Miscellany, vol. iii. pp. 316 and 320. («) Post, p. 45. Digitized by Microsoft® 10 A SUMMAEY OF THE LAW OF Statute of In the reign of Charles II. also the Statute of Frauds Frauds. ^^^ passed, which enacted that all leases, estates, interests of freehold in any lands, tenements, or hereditaments made or created by livery and seisin, and not put in writing and signed by the parties so making or creating the same or their agents thereunto lawfully authorized by writing should have the force and effect of leases or estates at will only, and should not, either in law or equity, be deemed or taken to have any other or greater force or effect {x). Another Act to prevent the secret disposition of land was the 3 & 4 Will. & Mary, c. 14, which made void all devises by will as against creditors by deed, in which the heirs were bound, but not further or other- wise {y). 1695. Shortly after this (1695) an anonymous pamphlet appeared called " Inrolling and Eegistering." The writer was in favour of public registration as a means of pre- venting fraud. Two years later (1697) "E. B." brought out a pamphlet called " Proposal for the erecting of County Kegisters for Freehold Land." Then came Mr. Asgill's " Essay on a Eegistry for Titles of Lands " (1698), in which he advocated a central registry ofSce for deeds. A draft Bill for carrying out this proposal was published with the essay. The publication of this pamphlet was soon followed by that of "Reflections on Mr. Asgill's Essay " (1698), and a " Reply to Reflections on Mr. Asgill's Essay " (1699), both anonymous, the writer of the latter being in favour of a central Registry Office. Soon after the accession of Queen Anne the question took a practical form, so far, at least, as the counties of Yorkshire and Middlesex were concerned. Several Acts of Parliament were passed, the first one dealing with the West Riding of Yorkshire (2 Anne, c. 4), and establishing a registry there (z). (x) 29 Car. II. u. 3. iy) 1691. (2) Post, p. 52. Digitized by Microsoft® LAWD AND MOETGAGB EBGISTEATION. 11 In 1707 registration was extended to the East Eiding i707. of Yorkshire, by the stat. 6 Anue, c. 35 ; and in the following year to the county of Middlesex, by the stat. 7 Anne, c. 20. These registries are still in operation, and are described in detail below (a). A general system of registration of the lands of papists and popish recusants was established by 1 Geo. I. stat. 2, c. 55, amended by 3 Geo. I. c. 18. It was enacted that from and after September 29, 1717, no manner of lands, tenements, and hereditaments or any interest therein, or rent or profit thereout, should pass, alter, or change from any papist or person professing the popish religion by any deed or will, except such deed within sis months after the date, and such will within six months after the death of the testator, were enrolled in one of the king's courts of record at Westminster, or else within the same county or counties wherein the manors lands and tenements lay by the custos rotulorum, and two justices of the peace, and the clerk of the peace of the same county or counties, or two of them at the least, whereof the clerk of the peace was to be one. This was absolutely repealed by 31 Geo. III. c. 32, s. 21. The county of Surrey petitioned for a local registry in i728. 1728, and the county of Derby in 1732, but nothing was 1732. done. In 1735 the Stat. 8 Geo. II. c. 6 was passed, establishing 1735. a deed register for the North Eiding of Yorkshire. This is still in operation, and is described in detail below (&). In 1739 a general Eegistration of Deeds Bill was passed 1739. by the House of Commons, but Parliament was prorogued before it had been passed by the House of Lords. The following session a similar Bill was passed by the House of Lords, but Parliament was prorogued before it had been passed by the House of Commons (c). In 1758 the scheme i75S. (a) Fost, p. 47. (6) See p. 53. (c) Eeport of Eegistration Commission, 1850, p. 236 ; Lord Langdale's " Memoirs," vol. ii. p. 215. Digitized by Microsoft® 12 A SUMMARY OF THE LAW OP attracted considerable attention, and attempts were simul- taneously made to introduce a general registry for England, and a local registry for Northumberland. The general Bill was introduced, and proceeded some length, until in 1759 it was thrown out by a majority of one (d). 1784. In 1784 the county of Northumberland again unsuc- cessfully petitioned for a local registry. The subject was, however, not lost sight of by the public, and arguments in its favour occasionally issued from the press (e). Thus, in 1789, Mr. F. P. Plowden's book appeared (/). The writer traced the history of the alienation of real property, and advocated the establishment of local registries. The author's draft Bill proposed that public registers should be established at all county towns, and that the books should be open to public inspection, and enrolment should operate as notice. 1807. In 1807 Lord Grenville and Sir Samuel Romilly con- sulted as to the introduction of a Bill, and a case was laid before Mr. Bell, the eminent conveyancer, for him to advise as to the best means of establishing a general register of deeds throughout England (g). 1815. In 1815 Mr. Serjeant Onslow brought a Bill into the House of Commons, which however was not carried, although it had the warm support of Sir Samuel Eomilly. (h) 1828. Then followed a period of abeyance until 1828, when a Commission was appointed to inquire into the state of the (d) Mention may be made here of the stat. 33 G eo. II. c. 30, o. 10, being an Act for widening certain streets in London. All bargains and sales of land purchased for the purposes of the Act, if enrolled in the hustings of the city of London, were to have like effect as if they had been fines or recoveries levied or suffered by the bargainors. (e) Report of Registration and Conveyancing Commission, 1850, p. 236 ; Lord Langdale's " Memoirs," vol. ii. p. 215. (/) "Impartial Thoughts upon the beneficial consequences of inroUing all Deeds, Wills, and Codicils, affecting Lands throughout England and Wales." (g) " Memoirs of Sir Samuel Romilly," vol. ii. p. 37 (3rd edit.). (h) Lord Campbell's Speeches, p. 427 ; 3 Hansard [115], p. 5. Digitized by Microsoft® LAND AND MORTGAGE EEGISTEATION. 13 law of real property. The Commissioners agreed with one voice that it was desirable to establish a general system of registration. Their report was published at the close of the year 1830. It contains an elaborate discussion of the isso. question of registration, and in the evidence of Mr. Fonnereau (a solicitor), taken by the Commissioners, we hear for the first time of a proposal for the registration of titles, (i) The report (k) points out the evils to be remedied, and then suggests a scheme for that purpose. The system of registration which the Commissioners pro- posed was to be by classification of deeds under separate heads with reference to title. There was also to be an alphabetical index of names in the case of wills and bankruptcies. In order to connect the title prior to the commencement of the register with the register title, it was proposed to have an index to roots of registered title arranged alphabetically by names. Provision was necessary for obtaining a reference to a class ; this was to be attained by the index to roots, where the title before the commence- ment of the register was known, and by a symbol attached to the registered deeds. Upon the investigation of a title, after the establishment of the register, recourse was first to be had to the index to the roots of registered titles, in order to ascertain that no document affecting the title had been registered, or to obtain a reference to the symbol under which the first registered document was placed, and when required by the facts subsequent to the commencement of the register, and before the date of a registered document referred to by the index to the roots of registered titles, the index to wills would be resorted to. The search of the index to the roots of registered titles, or the symbol attached to the title deeds, would lead to the proper head in the general index, under which would be found (with the exception before specified) all the documents which could («) This proposal was continued some years later "by Mr. Robert Wilsonj another solicitor. (7i;) Second Report of the Real Property Commissioners, 1831. Digitized by Microsoft® 14 A SUMMARY OP THE LAW OF affect the title of a purchaser. Each county or district was to have its own set of books, wills and bankruptcies, neces- sarily extending to the whole kingdom. Where land lay Duval in two districts it was to be registered in each. This system is usually known as the Duval system, after its inventor. About this time several pamphlets were issued dealing with the question of registration (Z). Several Bills were introduced into the House of Commons to carry out the recommendations of the Commissioners, and one of them was referred to a Select Committee which reported unani- mously in favour of the scheme. It was alleged, however, to be a scheme for enabling the G-overnment to lay on an additional land tax, and popular feeling was so much against the Bill that it had to be dropped (m). 1833. In 1833 was passed the Act for the abolition of Ifines and recoveries, whereby a simple deed enrolled in Chancery was substituted for a common recovery. In the same and fol- lowing years (n) Mr. William Brougham, brother of the Lord Chancellor (o), and afterwards second Lord Brougham, in- troduced bills on this subject, but they were defeated by large majorities. 1846. Nothing more was done until 1846, when a Committee of the House of Lords was appointed to inquire into the burdens on real property. They reported " that the market- able value of real property was seriously diminished by the tedious and expensive process of the transfer of land, (I) E.g. Coote, E. H. (who objected to registration on the ground of pub- licity), Tyrrell, J., Walters, Eobert. See also Quarterly Review, vols. 39 and 42, and Edinburgh Review, vol, 51, p. 156 ; Hodgkin, John, " Observations on the proposed establishment of a General Eegister ; " Ker, H. Bellenden, " The Question of Eegistry or no Eegistry considered " (in favour, with outline of plan) ; Humphry, W. W., " Contributory Remarks on a General Eegister " (in favour). Bentham, J., " Outline of a Plan of General Register of Real Property," " Principles of Penal Law," Part III. chap. 10, art. 3 ; " Rationale of Judicial Evidence," Book IV. chap. 2, in favour of general public register of assurances.- (m) Lord Campbell's Speech, 1851 ; 8 Hans. [115], p. 7. (ii) 3 Hans. [115], p. 7. (o) Hazlitt on Lord Campbell's Bill, 1851, p. 15. Digitized by Microsoft® LAND AND MORTGAGE EEGISTRATION. 15 and that a registry of title to all real property was essential to the success of any attempt to simplify the system of conveyancing." A new Eoyal Commission was then issued, and the sub- ject was investigated afresh by Lord Langdale and his fellow Commissioners. The Commission was limited to the ques- tion of registration of assurances, and therefore the Com- missioners did not consider the question of registration of title. They reported in July, 1850, in favour of the estab- 1850. lishment of a general register on the ground that the expense in land transfer would be decreased. Their pro- posals were for (1) a register of deeds ; (2) a central of&ce ; (3) enrolment, i.e., registration by duplicate at full length ; (4) index by reference to a number on a map ; (5) voluntary registration ; (6) priority to be according to time of regis- tration ; (7) notice to be disregarded except in the case of fraud (p). Appended to the report are model forms explaining the proposals, and an account of foreign systems by Mr. J. M. Ludlow, and an historical summary by Mr. C W. Sanders, issi. the secretary. A Bill was introduced the following year by Lord Campbell ; the measure, however, met with so much opposition that it had to be dropped (q). The next Bill was Lord Cranworth's (r) ; it passed the 1853. Lords (s) but not the Commons. In the next year another Royal Commission was issued. 1854. About this time Mr. Keene's scheme appeared, advoca- ting applications to the court for a declaration of title (t), and Mr. Boyle's scheme advocating "limited judgments" operating upon particular property and entered in a register in the Court of Common Pleas. Mr. Boyle pro- posed that no dealing inter vivos with any property should (p) Report of Eegistration and Oonveyanoing CommisBion, 1850. (g) 3 Hans. [118], p. 562. (r) 3 Hans. [124], p. 929. (s) 3 Hans. [126], p. 1230. Humphry on the Eegistration of Assurances Bill ; H. Bellenden Ker, " Shall we Register our Deeds ? " (i) Keene, T. P., " Annihilation of Past Titles," 1854. Digitized by Microsoft® 16 A SUMMARY OF THE LAW OF be of any effect unless accompanied by a limited judgment of even date (m). 1857. The report of the Commissioners was published in 1857, recommending registration of title. The leading principle of the report is that the fee simple title alone should be registered, subject, however, to the exception that charges and leases should have a separate registry of their own (ss. 43 and 44). The report proposed that beneficial interests in the land not amounting to the fee, and dealings with such interests, should not be registered, or at least not inserted into the register of the fee, for that such a system would practically amount to a registry of assurances (s. 45). That the registered title should not necessarily amount to a parliamentary or unimpeachable title (s. 48); that interests created before the commencement of registra- tion should not necessarily be affected by it (s. 49) ; that equitable interests should be protected by cautions or notices on the register (ss. 50, 65, 66, and 67) ; that it should be competent to a landowner to register with a statutory or indefeasible title, if he desired it, and that such title should be guaranteed by the State (ss. 30, 57) ; that all registered titles should be subject to easements, general charges, and ordinary occupation leases (s. 63) ; that both central and district registries should be estab- lished (s. 51); and that the authority of the Registrar should be ministerial and executive in its nature and not judicial (x). The appendix (A) to this report contains the scheme of Mr. W. S. Cookson (a solicitor) advocating registration of possessory title without official examination. This scheme is the basis of the proposals now generally recognized as the most likely to be successful. 1858. The report of the Commissioners was followed in the year 1858 by a Bill introduced by Lord Cranworth to enable the title of purchasers to be established against all the world in analogy to the procedure of the Encumbered («) Boyle, W. E. A., " Suggestions for a General Index of Titles," 1855. (k) Eeport of Commissioners on Kegistration of Title, 1857, pp. 25 and 28. Digitized by Microsoft® LAND AND MOETGAGE KEGISTRATION. 17 Estates Court in Ireland. Then came, in 1859, the Intro- 18S9. duction into the House of Commons by the Solicitor- General (Sir Hugh Cairns) of two bills. None of these three bills succeeded in passing the House, the progress of the two latter being stopped by a dissolution of Parliament. The former of Sir H. Cairns's bills was called a " Bill to Simplify the Title to Landed Estates." It established a new tribunal called the Landed Estates Court, which was made a Court of Eecord. It provided that any person entitled to an estate in fee simple, or to convey such an estate, might apply to the Court for a declaration that he had established his title. The Court was then to require evidence and to publish notices and to proceed to an examination of the title by inquiries on the spot or other- wise. If satisfied, it was to make a provisional declaration that the applicant liad established his title for the purpose of disposing of the land in favour of a purchaser for value. The declaration might be a simple one, or accompanied by conditions, or the reservation of the rights of other persons. After notice of the provisional declaration, and after the lapse of a certain time without objection, or on the removal or disallowance of objections, the declaration was to become final, except in case of appeal from the decision of the Court to the Court of Chancery. After confirmation by the Court or by the Court of Appeal the declaration was to be binding on all parties. The latter Bill was called " A Bill to Establish a Eegistry 1859. of Landed Estates." It provided that any person entitled to a declaration of title (see above) might be registered as proprietor, with an indefeasible title, subject to the reser- vations expressed on the register. It will be observed that these bills provided for a jegistration of title as opposed to a registration of deeds, but they did not provide for the registration of a possessory title without investigation. In the same year Lord St. Leonards' Act was passed. This Act made it a misdemeanour to conceal any instrument c Digitized by Microsoft® 18 A SUMMAEY OP THE LAW OF material to a title, or to falsify any pedigree upon which the title might depend. Power of sale was conferred upon trustees under wills and executors, in cases where their testator had charged his real estate with payment of his debts (y). I860. In the next year an Act was passed to further amend the law of property (z), and also an Act to give to trustees, mortgagees, and others, certain powers commonly inserted in settlements, mortgages, and wills (a). The latter Act is usually called Lord Cranworth's Act. It conferred a power of sale upon mortgagees under certain circumstances. Lord In 1862 " An Act to Facilitate the Proof of Title to and l^^yVg the Conveyance of Eeal Estate," better known as Lord Act, 1862, Westbury's Act (b), was passed. The Act established a voluntary general register, and is still in operation as to lands registered under it up to the year 1876. The Act is described in detail below (e). 1862. In the same year (1862) another Act was passed with a view to simplifying the transfer of land ; this was " The Declaration of Title Act " (d). The scheme of this Act was to enable persons entitled to an estate in fee to petition the Court of Chancery for a declaration of title. After being satisfied that the petitioner had a prima facie case, the Court would investigate his title. If such a title was shown as the Court could have compelled an unwilling purchaser to accept, then, after advertisements had been issued, the Court would make the declaration sought. This declaration could, at the option of the petitioner, be registered as an indefeasible title under the previous Act of the same year. There is only one reported case of an application to the Court of Chancery under this Act. In that case the chief clerk, having certified as to title, the Court ordered the (y) 22 & 23 Vict. c. 35. (2) 23 & 24 Vict. c. 38. (o) c. 145. (6) 25 & 26 Viet. c. 53 ; see W. D. Bruce on this Act ; Holt on the Land Transfer Act, 1875, p. 8 ; Nash's " Life of Lord Westbury," ii. 21. (c) Post, p. 35. (d) 25 & 26 Vict. c. 67. Digitized by Microsoft® LAND AND MORTGAGE EEGISTEATION. 19 declaration establishing the petitioner's title to be made at the end of three months ; security was to be given by the petitioner to the amount of £40 for payment of the costs of any person who might successfully oppose the petitioner's right to the declaration asked for ; notice of the order was to be given by advertising it three times at three days' in- terval in each of three London newspapers (e). The act was partially repealed by the Statute Law Eevision Act, 1881 (/). Six years later (1868) Lord Cairns, then Lord Chan- 1868. cellor, obtained a Eoyal Commission to inquire into the working of Lord Westbury's Act {g). In 1869 a circular letter was sent by the Foreign Office 1869. to the British representatives in Europe, asking for infor- mation on the question of land transfer and other matters. The replies were published in 1869 and 1870 Qi). In 1870 the Eoyal Commissioners made their report on 1870. Lord Westbury's Act. After stating that they had taken for granted that it •was expedient to continue the system of registration of title, and tracing the history of the subject from the issuing of the previous report in 1857, the Commissioners considered the working of the Act of 1862, and the causes of its failure. They were clearly of opinion that such failure was not due to the hostility of solicitors nor to short- comings on the part of the officials of the Land Eegistry Office, but to (1) the trouble, delay, and expense ; (2) the fear of disputes and litigation ; (3) the sense that a regis- tration of all interests in the lands would neither protect owners nor facilitate transfers, but would prove a hindrance and burden. It was considered that these causes were inherent in the structure of the Act itself; (i.) because it required all titles to be without blemish, whereas purchasers were content to overlook small blemishes ; (ii.) because it (e) In re Eoberts, 10 Eq. 402. (/) 44 & 45 Viot. c. 59. (gr) See Report of Commissioners on Land Transfer, 1870. (fe) Report on Land Tenures in-Europe, 1869 and 1870. Digitized by Microsoft® 20 A SUMMABY OF THE LAW OF required all titles to be 60 years length, whereas purchasers were content with less, and mortgagees also ; (iii.) because of the necessity of an accurate definition of boundaries or descriptions of parcels ; and (iv.) because there was no cer- tainty of benefit in transferring the estate in the registry. The commissioners then (p. xxt.) made certain suggestions for alteration and improvement. They considered that the public required only cheapness and speed, and did not want an indefeasible title. The alterations in the Act of 1862 which they recommended, are summarized on p. xxxii., are as follows : — Recommendations of the Commissioners q/1870. " 1. That the existing system of registry be continued for those who desire to avail themselves of it. 2. That persons wishing to possess a title made directly indefeasible by statute shall proceed under the existing system or old registry. 3. That new books shall be opened for those who desire to register under the system now suggested. 4. That the title registered as in the case of stock be the absolute ownership. 5. That beneficial leases originally created for more than 21 years, be treated as absolute ownerships entitled to registration. 6. That all other partial interests be kept off the register. 7. That such interests be protected by a proper system of notices on the register, or as in occupation leases by leaving the purchaser to his ordinary duty of inquiry, S. That the landowner seeking to register his title be not forced to show a technically marketable title,, but be at liberty to register a title as from a date of his own choice, and be admitted to the register on showing a good title as from that date. 9. That no attempt be made to fix the boundaries of lands as between neighbours or in any way to Digitized by Microsoft® LAND AND MORTGAGE EEGISTRATIOIir. 21; prejudice or disturb the neighbours of registering owners, but that the owner be required merely to furnish the best description he can. 10. That the purchaser be left to ascertain in the usual way the identity of the land registered with the land he has contracted to buy." Some of the commissioners dissented from the report for the reasons published therewith. The report then proceeded to deal with the question of the Middlesex Eegistry, and recommended that the registry should be closed. Shortly after this the Lord Chancellor, Lord Hatherley, introduced a Bill called a " Transfer of Land Bill," but it was not proceeded with. In 1872 a return was published giving particulars of Eegistration of Title in the Australian Colonies. In the following year the Lord Chancellor, Lord Sel- borne, introduced a " Land Titles and Transfer Bill," which, after some modifications, was reintroduced by Lord Cairns in 1874. This Bill (which was dropped) proposed that 1874. registration should be compulsory upon the next sale of the fee simple after a pret^cribed date. In other respects the Bill was closely followed by the Land Transfer Act, 1875. In the same year (1874) the Vendor and Purchaser Act (i) was passed. This Act provided that where the will of a testator devising land in Middlesex or Yorkshire had not been registered within the period allowed by law in that behalf, an assurance of such land to a purchaser or mortgagee by the devisee or by some one deriving title under him, should, if registered before, take precedence of and prevail over any assurance from the testator's heir- at-law (s. 8). This Act also provided a cheap and speedy mode of settling disputes between vendors and purchasers, on all questions between them except those affecting the existence and validity of the contract (s. 9), and reduced the period to be covered by the abstract of title from 60 (»:) 37 & 3S Vict. 0. 78. Digitized by Microsoft® 22 A SUMMARY OF THE LAW OP to 40 years on contracts made without any contrary stipulation (s. 1). In 1874 an Act was passed reducing the period during which actions may be brought for the recovery of land to 12 years from the accruing of the right of action Qc)- This year a Eoyal Commission recommended the raising of the official fees of the Land Eegistry OfSce (I). 1875. In the following year (1875) a Bill was introduced which became the Land Transfer Act, 1875, under which a system of voluntary registration is still in force, and the provisions of which are noticed in detail later on in these pages (in), and the Act itself is printed in the Appendix. Prior to 1889, when new rules were framed in respect of practice, the Act, like its predecessors, might have been regarded as a dead letter. The Select Committee on Land Transfer, which reported three years after the commence- ment of the Act, stated that " Various causes have been assigned for the reluctance of landowners and mortgagees to avail themselves of the Act. Its unpopularity has been ascribed (1) to the absence of any power to remove from the register a title which has once been placed upon it; (2) to the disinclination of solicitors to recommend to their clients a course of dealing with their property which may tend eventually, if not immediately, to curtail their own profits ; (3) to the general distrust of all projects of land registration, inspired by the breakdown of Lord Westbury's Act ; and (4) to the indisposition both of the public and the legal profession to familiarize themselves with a new system, and to run the risk of an experiment which involves so great a departure from established usage " («). 1878. In 1878 a Select Committee of the House of Commons was appointed "to inquire and report whether any, and what steps ought to be taken to simplify the title to land, (70 37 & 38 Vict. c. 57. (0 Weekly Notes, January 26, 1889, p. 69. (m) Post, p. 38. (n) Eeport of Select Committee on Land Transfer, 1879, p. iv. Digitized by Microsoft® LAND AND MOETGAGE EEGISTEATION. 23 and to facilitate the transfer thereof, and to prevent frauds on purchasers and mortgagees of land " (o). As this is the latest Committee on land transfer, it may be well to notice its recommendations in detail. They were : — 1. The establishment of an ad valorem scale for con- Select veyancing. Com-^^ 2. The use of short statutory forms. 1879. 3. The abolition of legal mortgages and deeds of re- conveyance, substituting a memorandum of charge and an endorsement on repayment, as in the case of Building Society mortgages {p). 4. The appointment of real representatives, with powers corresponding to those of personal representatives. 5. The adoption of the cadastral survey for identifying property. 6. The repeal of the Statute of Uses. 7. The establishment of district registers of assurances, with indexes of persons and property. 8. Priority to be according to registration, except in cases of actual fraud. 9. The appointment of_ an official searcher at each registry. These recommendations have borne fruit. In the first place, the Solicitors' Eemuneration Act, iggi. 1881, and the General Orders made in connection with it, have established an ad valorem scale of payments in con- veyancing {q). Then, the Conveyancing and Law of Property Act, 1881 (r), although it did not make compulsory the use of statutory forms, provided forms the use of which was optional, and generally shortened conveyances. In 1882 Lord Cairns's Settled Land Act (s) was passed, 1882. (o) Some particulars aa to this report will be found in Mr. K. Arthur Arnold's " Free Land." London, 1880. (p) 37 & 38 Vict. 0. 42, s. 42, following 6 & 7 Will. IV. c. 32, s. 5. (g) 44 & 45 Vict. u. 44, s. 4. (r) 44 & 45 Vict. o. 41. (s) 45 & 46 Vict. c. 38. Digitized by Microsoft® 24 A SUMMARY OP THE LAW OF enabling tenants for life to get rid of their settled estates, other than the mansion house, thus practically making the whole of the land of England saleable (0, and removing the great obstacle to the introduction of the Torrens System of Kegistration of Title, namelvi that there was in many cases no one to make a title. The Act contained a pro- vision for the enrolment of deeds relating to the appropria- tion of settled land for squares and other open spaces (s. 16). Various amending Acts have been passed (m). In the same year (1882) an Act was passed for further improving the practice of conveyancing and for other purposes (»). It re- stricted the doctrine of constructive notice (y), and provided for the appointment of oflScial searchers for entries of judg- ments, deeds, and documents in certain cases. The Married "Women's Property Act, 1882 (z), facilitated the alienation of land by married women. Eeal representatives have been appointed as to property held on trust or mortgage (a), and for small holdings (&), and the cadastral survey has practi- cally been completed (c). In 1884 and 1885 Acts were passed consolidating and amending the law as to the local deed registries in York- shire. These Acts are noticed in detail below (d). 1885. In 1885 the Duke of Marlborough introduced into the jsj^fjt ° House of Lords a Bill for the establishment of a system of torough's Eegistration of Titles (e). This Bill was called the Eeal Property Eegistration Bill. It provided for the registration of freehold and copyhold land, but not for leasehold land, unless the reversion were also registered. The first part of (0 Cardigan v. Curzon-Sowe, 30 Oh. D. at p. 537. (m) 47 & 48 Vict. c. 18 ; 50 & 51 Vict. u. 4; 52 cfe 53 Vict. c. 36; 53 & 54 Vict. c. 69. (x) 45 & 46 Vict. c. 39. (!/) As to notice, see Bailey v. Barnes (1894), 1 Oh. 25. (2) 45 & 46 Vict. u. 75. (a) 44&45 Vict. c. 41,8.30. (6) Land Registry Rules, August 9, 1892, and post. (c) Report of the Ordnance Survey, 1894. (d) Post, p. 54. (e) See also his article in the Fortnightly Review, April, 1885. Digitized by Microsoft® LAND AND MOETGAGB EEGISTEATION. 25 the Bill dealt with the establishment of a principal and district land registries, and the appointment of a land registrar-general and district land registrars, and the mode of determining disputed questions. The second part con- tained general provisions as to registration. All registered land was to be registered by reference to a public map. There were to be two series of register booiss kept in every registry ; one to be called the " A '' register of unsettled land, and one to be called the " B " register of settled land. The registers were to be divided into columns, in which were to be noted — (1) a distinguishing number ; (2) descrip- tion of the property (with plan), and reference to the public map ; (3) name and address of registered owner ; (4) nature of his interest ; (5) memorials of incumbrances and leases affecting the property, and (6) of the transfer deed; (7) caveats. The third part dealt with applications to register and provisional registration. The application was to be sup- ported by the owner's statutory declaration as to his title, and that of three ratepayers of the parish in which the land in question was situated. JSTotice of the application was to be advertised in the London Gazette and local papers. In the event of there being no opposition within one month, the land was to be pi'o vision ally registered. The fourth part dealt with iinal registration. After provisional re- gistration, advertisements were to be repeated at intervals of one month for the next two years. In the event of there being no opposition, registration was to become final, and previous title-deeds were to be cancelled. The fifth part related to dealings with provisionally registered land ; and the sixth part with finally registered land. No transfer was to be effectual unless entered in the register. The seventh part dealt with leases, mortgages, annuities, or rent-charges, and provided short forms of covenants. The eighth part dealt with trusts and transmissions. The ninth part dealt with caveats against dealings with finally registered land. The tenth part dealt with ejectment Digitized by Microsoft® 26 A SUMMARY OP THE LAW OF and rectifying the register ; and the eleventh part contained miscellaneous provisions, one of which was that the registers should be open to public inspection. The debate on the second reading was important, as it drew from Lord Selborne an expression of opinion that to make a successful measure the system of registration should be general and compulsory, and that the Government must go to the expense of establishing, in as many centres as the convenience of the country might require, the necessary machinery for carrying out the system under the control of competent persons. The bill was withdrawn (/). In 1885 (^) a series of letters appeared in the Times newspaper written by Mr. Horace (now Lord) Davey. He suggested that the Land Transfer Act, 1875, should be repealed, and that a new Act should be passed to contain some of the provisions of that Act with the amendments proposed. He was in favour of a double system of registers, one of titles and the other of incumbrances, and also of local registration at County Court ofSces. His views as to gradually commencing the system with registration of possessory titles to ripen into indefeasible titles by means of the Statute of Limitations have now been generally adopted (h). 1886. A vacancy having occurred in the office of registrar under the Land Transfer Act of 1875, a short Act was passed enabling the Lord Chancellor to assign to the assistant registrar the functions and authorities of the registrar (i). Bar Com- The same year the Bar Committee appointed a sub- Eepoit. committee to report on the subject of the Transfer of Land. Among the numerous suggestions contained in the Eeport (Jc) were the following : — (/) 3 Hansard [299], 103. (g) September 23rd, p. 6 ; 25th, p. 8 ; and 30th, p. 10. (ft) Cf. Land Transfer Bill, 1895 (Appendix), (j) 49 Vict. c. 1. (fc) "Land Transfer." Published by order of the Bar Committee- Butterwortha, 1886. Digitized by Microsoft® LAND AND MOETGAGE REGISTRATION. 27 " 1. That no scheme for the compulsory registration of titles ought to be entertained which does not pro- vide adequate compensation for persons injured by the existence of the register. 2. That, except in the case of dormant claims, the com- pensation should be paid by way of indemnity to the defrauded purchaser, and that the landowner should retain the land. 3. That no scheme is likely to meet with success which does not proceed upon the principle, either of registering possessory titles as indefeasible without examination, or of excluding settlements from the register. 4. That it would be difficult, Avithout first effecting some complete change in the opinions of many persons of nearly every class in the kingdom, to abolish, or seriously curtail, the right of settlement. 5. That any such register might probably be constructed, with less opposition, upon the model of the exist- ing registers of Government stocks, all rights sub- ordinate to the absolute power of disposition being- relegated to the status of trusts and equities. 6. That the scheme should include the institution of a 'real representative,' having the same right and power to dispose of the freehold estates of a de- ceased person, as is vested in the personal repre- sentative with respect to chattels real. 7. That the scheme should provide for the registration of the title of persons acquiring title by possession, rather than that the operation of the Statutes of Limitation should be excluded as against regis- tered owners. 8. The lien of a vendor for unpaid purchase-money might be noticed on the register, and provision made that^ unless registered, such lien should confer no claim as against a purchaser, even with notice of the lien. Digitized by Microsoft® 28 A SUMMARY OF THE LAW OF •9. Provision should be made for noticing on the register all restrictive covenants, and might be made for noticing ascertained easements, affecting regis- tered lands." In 1886 the Incorporated Law Society published a state- ment on the Land Lavi^s, in which they considered the arguments for and against registration, (1) of deeds, and (2) of titles, and also the question of the abolition of entail (I). 1S87. In 1887 the Lord Chancellor (Lord Halsbury) intro- duced a Land Transfer Bill into the House of Lords. His scheme was based upon the Land Transfer Act of 1875. It was proposed to appoint a Land Transfer Board (consisting of persons experienced in conveyancing and registration) with branches throughout the country. Eegistration was to be compulsory in such districts as should be mentioned in an Order in Council on the next dealing with the land, but an owner not desiring to sell or charge his land was not to be forced to incur the expense or trouble of registering. Provision was made for entry on the register of a tenant for life, and for the passing of real estate on death to the executor. A possessory title under the Land Transfer Act was to become absolute in five years on certain notices being given. Provisions were made for settling boundaries and for an Insurance Fund (to be accumulated by a payment of one farthing in the pound on the value of the land) for the purpose of indemnifying persons who might suffer from forgery and fraud, or mistake of the Land Transfer Board. Eeversing the practice in Australia, the real owner was to get the compensation, and the registered owner was to keep the land. Matters of detail were left to be settled by rules. The Bill also contained certain amendments of the law of real property as to succession to real estates on intestacy and other matters. The Bill was read a second time on April 25th, and, after being amended, was passed by the House of Lords on July (I) " Statement on the Land Laws." By the Council of the Incorporated Law Society. Butterworths, 1886. Digitized by Microsoft® LAND AND MORTGAGE EEGISTEATION. 29 12th. It was introduced into the House of Oommons on July 15th, and withdrawn on August 4, 1887. Much hostility- was shown to the proposals of the Lord Chancellor. The review of the Bill by the late Mr. Topham, of Middleham (m), in which he sought "to place before the public the hitherto apparently unconsidered mischief of its provisions in needlessly inflicting heavy pecuniary imposts upon the owners of real property, and involving the country in an uncalled for, if not useless, expenditure of an extravagant amount of public money," may be referred to. In 1888, the Lord Chancellor (Lord Halsbury) intro- 1888. duced a Bill re-enacting the Land Transfer Act of 1875, with the amendments embodied in the Land Transfer Bill of 1887. In other words, the Land Transfer Act was revised and re-edited with reference to the Conveyancing and Settled Land Acts of 1881 and 1882 respectively, and the amendments of real property law proposed in 1887 were again introduced. The only new points were the proposals as to the priority of future registered transfers and charges, and the assimilation of powers under possessory title, to those under tenanc)'^ for life. The Bill was referred to a select committee of the House of Lords, but parliament was pro- rogued before the work of the committee was finished. In the same year the Land Charges Registration and 1S88- Searches Act (w) was passed. It provided for the establish- ment of a register of writs, orders, and deeds of arrangement affecting land, such register to be kept at the office of Land Registry, and such land charges created after the Act were to be void, as against a purchaser for value unless and until registered. The Act was rendered necessary by the decision of the Court of Appeal, in the case of In re Pope (o), where it was held that registration of the appointment of a receiver was not essential under the statutes then in (m) " Eeview of the Land Transfer Bill, 1887. By John Topham (Guild- ford : Billing & Sons), 1888 ; also Marshall's " Provincial Law Societies," p. 38. in) 51&52 Vict. 0.51. (o) 17 Q. B. D. 743. Digitized by Microsoft® 30 A SUMMARY OP THE LAW OF force (23 & 24 Vict. c. 38, and 27 & 28 Vict. c. 112). Forms and rules under the Act were soon issued (j)). It has been held that charges for expenses under the Public Health Act, 1875, are not " land charges " within the meaning of the Land Charges Act, 1888, so as to require registration (q). In 1888 the Mortmain and Charitable Uses Act (r) was passed, confirming the previous law as to the enrolment of deeds relating to charity lands. 1889. With the commencement of 1889 changes were intro- duced into the practice of the Land Registry Office. New rules (to be cited as the Land Registry Rules, 1889) were issued (s). Applications for registration with a possessory title were to be accompanied by a declaration and a signed map (prepared from the ordnance map). The last title deed was to be left with the registrar to be marked with notice of the registration (Rule 1). Forms of charges and transfers were supplied, and a scale of solicitors' costs. The changes so introduced resulted in a cheapening of registra- tion, and did away with much of the delay previously existing. The forms of charge were more elastic, and enabled insertion to be made of special provisions as to insurance, payment by instalments, calling in capital, and otherwise, and were so framed that they could be used for building society mortgages. A wide discretion was given to the registrar in all formal matters. A subsequent order as to fees (t) provided that the fee for first registration with a possessory title was to be ten shillings (exclusive of the map) for land up to £300 in value, and that in such a case the land certificate should be issued without fee. A note issued by the Land Registry Office (m) claimed that the new fees were fixed at about one-fifth of the scale of costs which (p) January 1, 1889. See Weehly Notes, January 12, 1889. (g) K. V. Land Registry, 24 Q. B. D. 178. (r) 51 & 52 Vict. c. 42, post p. 56. (s) Weekly Notes, January 12, 1889. It) January 16, 1889 ; Weehly Notes, January 26, 1889. («) Dated February 1, 1889; Weekly Notes, January 26, 1889. Digitized by Microsoft® LAND AND MORTGAGE REGISTRATION. 31 a solicitor is antliorized to charge for conveyancing with unregistered land, and also referred to the special scale of solicitors' costs in connection with registration. A report issued by the Land Kegistry Office (a;) states that an instance has occurred under the new rules where the inclusive expenses of first registration with possessory title ^.mounted to eleven shillings only on land valued at £200, the applicant supplying his own map. At the beginning of the session Lord Halsbury again i889. introduced his Bill, that it might be once more referred to a select committee. Later in the session the Bill was with- drawn («/). In 1890 (May 20th) (z) a return was ordered of work i890. ■done under the following Acts : (1) Transfer of Land Act, 1862 ; (2) Mortgage Debenture Acts, 1865-1870 ; (3) Land Transfer Act, 1875; (4) Land Charges Registration and Searches Act, 1888. The return (a) was presented on June 23rd of the same year. It showed that the average number of titles registered each year was eighteen, and the average value £100,000 to the end of 1888. In 1892 the Small Holdings Act was passed (h), which i892. empowered County Councils to purchase land. It enacted that the County Council should apply for registration as proprietors of such land with an absolute title under the Land Transfer Act, 1875. Eules, forms, and order as to fees and suggestions by the Land Registry for facilitating applications under the Act, were published (e). A Land Registry order was made on August 8, 1892, to the effect .that no ad valorem fee should be charged on the registration of a caution or restriction containing a proviso that it should cease to operate at the end of one year or sooner from the date of registration, but renewals were to be charged for. (a;) R. 177, issued July 26, 1894. (i/) 3 Hans. [337], 1566. (z) 3 Hans. [344], 1413. (a) Accounts and Papers, 1890, vol. 19, No. 199. (6) 55 & 56 Vict. c. 31, s. 10. (e) Weelcly Notes, August 30 and September 3, 1892, ^osf p. 61. Digitized by Microsoft® 32 A SUMMAEY OF THE LAW OF 1893. Early in 1893 the Lord Chancellor (Lord Herschell) introduced a Bill to amend the Land Transfer Act, 1875. His Bill differed from the previous Bill in that registration was to be compulsory on sale only, and not on death. "So provisions were inserted with the view of turning a pos- sessory title into an absolute title by proceedings at a subsequent time; this was left for a subsequent measure. Lord Herschell stated, in his speech on the second reading, that during the last four years more land had been placed on the register under the Land Transfer Act, 1875, than in the first thirteen years, and of greater value. This showed that registration had been growing in popular favour. De- volution on death was to be to a real representative, but he was only to be a trustee for the person who would have been beneficially entitled under the existing law (d). This Bill was passed by the House of Lords on August 4th, but it did not reach a second reading in the House of Com- mons (e). A statement of objections to the Bill was published by the Incorporated Law Society, and was answered by a leaflet issued by the Land Eegistry Office (/). 1894. In 1894 Lord Herschell introduced his Bill once more, and it was read a second time (g). The Bill contained special provisions as to banker's mortgages, but in other respects was the same as the bill of 1893. Lord Herschell said that five principal objections had been made to the Bill. It was said, (1) that the true owner might be deprived of bis land. The answer to this was that the true owner would be able to keep the land, and the person deprived would get compensation. It was said, (2) that the risk of forgery and personation was very great. The answer to this was, that in the Australian colonies, where the system had been in force many years,, very small sums had been drawn from the assurance funds (h). It was said, (3) that there would be serious (d) 4tli Series Hans. [2], 740. (e) Ibid. [15] 1316. (/) L. E. 8370 ; G. 35. D. & S. (g) 4th Series Hans. [23], 1207; also an luheiitance Amendment Bill. Qi) See also New Zealand, p. 95, post. Digitized by Microsoft® LAND AND MORTGAGE REGISTRATION. 33 delay when the system was introduced ; but the answer to this was that the introduction would be gradual, and in 'districts to be specially selected. It was said, (4) that the register would eventually become open to public inspection. The answer to this was that there was no intention to suggest such a provision. It was said, (5) that the official fees were too high; but this was denied. The provision as to banker's mortgages above referred to was, that on production by a registered owner of his land certificate, office copy, lease, or charge certificate, he might have issued to him a deposit certificate. Notice of the issue of this deposit certificate would be entered on the register and on the other certificates (unless they were left with the registrar), and no dealing with the land would be registered until the deposit certificate were returned, and no lien would be acquirable by deposit of the land certificate until the notice on it were vacated. Lord Herschell re-introduced his Bill in 1895. It was 1805. read a first time on February 12th, and a second on March I2th. The Bill was the same as that of the previous year, with verbal alterations only. He also introduced a Bill to amend the law of inheritance, with the object of assimi- lating the law of the devolution of real estate on intestacy with that of personal estate. Both of these Bills are set out at length in the Appendix. A question of detail, upon which there is still con- Local siderable difference of opinion, is as to whether regis- "'^^ ®'^^' tration of land (if introduced compulsorily) should be ■effected at a central office or at local offices throughout the country. It is submitted that local offices are to be pre- ferred. (1) Public confidence in the system would be greater, as there would be less chance of mistakes occur- ring; (2) the analogy of shipping registration would be followed; (3) the example of other countries would be followed, for local registers are used in most countries where deed registration is in force (Newfoundland and Scotland ibeing exceptions, see post), and in most countries where D Digitized by Microsoft® 34 A SUMMAEY OF THE LAW OF registration of titles is in force (some of the Australian colonies being exceptions, see i^ost) ; and in one colony, Queensland, the central system has been abandoned in ' favour of the local system ; (4) the special land certificate under Lord Westbury's Act, the Yorkshire " Caveat " (Act of 1885), the Colonial " Eegistration Abstract " (see Victoria), and the Shipping " Certificate of Mortgage and Sale " (Merchant Shipping Act, 1894, s. 39) systems show that attendance at the local registry is not necessary, and that the register can be blocked pending the completion of a sale or mortgage; (5) any necessary examination of title on application for registration with an absolute title could be carried out by the central ofSce (6) the consequences of & fire would be less serious (*"). Lord HerscJieU's Scheme. Stated shortly. Lord Herschell's scheme provides for the gradual introduction of registration into selected dis- tricts, such registration to be compulsory on the next sale of the land after the coming into operation of the Act in the particular district. Eegistration would be of a possessory title only, unless the applicant wished for an absolute title. There would be no official investigation of title, and no interference with the rights of third parties. Accordingly, on the first sale of the land after registration, a purchaser might require to investigate title to the date of registration, but after the lapse of a few years vendors would be able to stipulate for the acceptance of the registered title. A supplementary Act would probably be passed, reducing th& period of limitation. (See Appendix.) («■) See Italy and Jfewfoundland, post, pp. 108 and SO.. Digitized by Microsoft® LAND AND MORTGAGE EEGISTKATION. PAET II. Systems of Land and Moetgage Eegisteation now in opeeation in england. 1. Voluntary Begistration under the Land Begisfry Act, 1862. The Land Eegistry or Transfer of Land Act, 1862 (25 & 26 Vict. 0. 53), commonly called Lord Westbury's Act, is now in operation only as regards estates registered prior to January 1, 1876 (see 38 & 39 Vict. c. 87, s. 125). This Act provided for the establishment of a central registry. On application for registration with an inde- feasible title, the title was to be examined by the registrar and examiners of title, and was hot to be accepted for registration as indefeasible, unless it should appear to be such as a Court of Equity would hold to be a valid market- able title (s. 5). When this was done, advertisements were to be issued, giving public notice of intention to register with an indefeasible title after the expiration of not less than three months from the date of such notice (s. 11). In the event of there being no objection to the registration, it was to be completed by a reference number being assigned to the property, and by the description being entered in one register, the name of the owner and particulars of his rights in a second, and particulars of any incumbrances in a third (s. 14). These books were only to be open to inspection by owners (s. 15). Provision was made for the registration (by persons who had been in possession for at least ten years) of estates without an indefeasible title, the indefeasible title to attach on the expiration of the time, or the happening of the event mentioned in the register (s. 25). Digitized by Microsoft® 36 A SUMMARY OF THE LAW OP Registered land was to be transferable (1) by disposition in any of the forms described in the Act ; (2) by indorse- ment on the land certificate ; (3) by deposit of the land certificate ; (4) by any instrument applicable to unregistered land ; but no equitable mortgage of registered land was to be conferred by deposit of title-deeds (s. 63). Land certificates were to be issued to registered owners, setting forth (1) a copy of the registered description of the property; (2) a copy of the registered name of the owner, and particulars of rights ; (8) a copy of registered particulars of incumbrances; and (4) whether title was indefeasible or not (s. 68). Dealings with registered land could be restrained for a period of twenty-one days, by lodging a caveat (supported by affidavit) with the registrar Land (s. 96). Provision was made for the issue of new land Act^l*862 certificates in the event of the originals being lost or de- livered up (ss. 118 and 119). Absolute priority was to be gained by priority of registration, except in cases of voluntary dispositions under certain circumstances (s. 74). It would therefore seem to follow that all dealings with registered land would have to be completed at the registry, in order to make certain of this priority, and this was, in fact, provided for by the Act (s. 64). It is stated, how- ever, that such a plan " is inconvenient in practice, and is rarely, if ever, resorted to " (_;'), and that ss. 70 and 76 of the Act are made use of. These sections provide for the issue to a registered proprietor (who wishes to deal with his property) of a special land certificate, setting forth all the registered particulars. The issue of this special certificate is to be deemed to close the register in respect of the pro- perty until the certificate is given back to the registrar, or until fourteen days have elapsed. The purchaser will there- fore see that such a certificate has been issued before he completes ; on completion he will have it handed to him, and within the fourteen days he will send his transfer deed and the special certificate to the registrar, and thus secure {}) Brickdale on " Land Registry Practice," p. 11. Digitized by Microsoft® LAND AND MORTGAGE EEGISTEATION. 37 priority. The cost of a special certificate is only five shillings, where the value of the property does not exceed £1000 (Jc). A similar plan is in force under the Yorkshire Begistries Amendment Act, 1885, s. 3, which enables an intending vendor to obtain a caveat, the effect of which is that any assurance registered within a certain time in pur- suance of the caveat is to have priority as if it had been registered at the time when the caveat was obtained. See also the " Eegistration Abstract " in the colonies (Victoria). Lord Westbury's Act contained the further important provision that the registered proprietor, with the consent of all persons appearing by the register to be interested, might remove the laud from the register (s. 34). There are several reported cases dealing with questions Land under Lord Westbury's Act, 1862. Thus where the owner Act, 1862. of Blackacre and the owner of Whiteacre had mutually covenanted to bear the expense of keeping in repair a private road of which they had- the joint use, in proportion to the acreage of their respective properties, and the deed of covenant had contained a proviso that, in addition to the covenants thereinbefore contained, it was intended that, by virtue of the deed, the expense of the repair of the road should be considered as a charge in equity, and, as far as circumstances would admit, at law also, upon the owners for the time being of Blackacre and Whiteacre, in the above proportions, — it was held that the proviso did not create a charge on the lands, and consequently that upon the regis- tration of Blackacre with an indefeasible title under 25 & 26 Vict. c. 53, the owner of Whiteacre was not entitled to have a notice of the proviso entered on the record of title (I). Again, where a mortgagor registered with an indefensible title had made three successive mortgages, all of which were registered on the register of incumbrances, and the first mortgagee had sold under his power of sale and con- veyed the estate to a purchaser, it was held that the purchaser (7c) Land Registry Fee Order, 1889. Q) In re Drew's Estate, 2 Eq. 206. Digitized by Microsoft® 38 A SUMMARY OF THE LAW OF was entitled to be registered with an indefeasible title although the second and third mortgages remained on the register of incumbrances (m). Applications under the Act were made ex parte, supported by a written statement of the circumstances certified by the registrar to be correct (n). Provision was made for reference to the Chancery Divi- sion of any question as to the legal effect of any instrument (s. 17), and this section was put in force in a recent case, In reTi-itton (WeeJdy Notes, 1891, p. 194), where the question was whether a mortgagee's power of sale had arisen. Since the Land Transfer Act, 1875 (noticed below), ap- plications for the registration of estates under the Land Eegistry Act of 1862 have not been entertained. 2. Voluntary Begistration under the Land Transfer Act, 1875 (o). The Land Transfer Act, 1875 (38 & 39 Vict. c. 87), com- monly called Lord Cairns's Act, came into operation on January 1, 1876. The Act provided for the establishment of a central land registry, in which were to be kept registers of absolute, qualified, and possessory titles. Eegistration was not to be compulsory. A person wishing to be registered with a possessory title was to make a statutory declaration (in which his solicitor must join), proving that he could make a title to the fee simple. The existing title-deeds were to be handed to the registrar and retained by him (s. 6 and rule 6). The possessory title was not to prejudice any prior right. An absolute title was to be registered only after approval of title by the registrar, but the registrar might allow a qualified title to be registered if he were not satisfied that an absolute title had been made out (s. 9). A land certificate might be required by the registered pro- prietor. The register of leasehold land was to be kept (m) In re Richardson, 12 Eq. 398, 13 Eq. 142. In re Winter, 15 Eq. 156. (») In re Kennard, 13 W. K. 302. In re Drew's Estate, L. E. 1 Ch. 126. (o) The Act is set out at length in the Appendix. Digitized by Microsoft® LAND AND MORTGAGE REGISTRATION. 39 distinct from that of freehold land (s. 11). Mortgages were to be created by entry of charge on the register, and were to be supported by certificate of charge, which was to be handed to the mortgagee. Priority was to be according to entry on the registry (s. 28). Transfers of land were to be completed by entry of the name of the transferee on the register (s. 29). Provision was made for the issue of new land certificates in the event of the originals being lost (s. 78). Deposit of the land certificate was to be equiva- lent to deposit of the title-deeds (s. 81). Power was con- ferred upon the Lord Chancellor to make general rules for carrying out the provisions of the Act (s. Ill), and to form district registries. Estates registered under the Land Registry Act, 1862, might be transferred to the new register free of expense, and no application for registration under the Act of 1862 was be entertained. No provision was made by the Act of 1875 for removing registered land from the registry. N'o person was to be allowed to inspect the register except the registered owner and his duly authorized agent (s. 104). General rules under the Act, and a scale of fees, were issued on December 24, 1875, and these re- mained in force until February 1, 1889. Maps. Applications for registration are to be accompanied by a Practice map prepared from the large ordnance map and signed by ^^'^I *''® the applicant. The property to be registered is edged with Transfer a red line on the map, but such marking of boundaries does " ^^^' not affect third parties where a possessory title only is regis- tered. An index map is kept in the Land Registry Office and on this the land in question is similarly marked (q). A surveyor's department is attached to the Land Registry Office. At the date of the latest report on the Ordnance Survey Office (r) all cultivated districts in England and (p) The Act is set out at length in the Appendix. (g) Land Registry Rules published in the Weekly Notes, 1889, January 12th. lica- land shall not be registered ujider this Act unless it is of free- tionof Act. hold tenure or is leasehold held under a lease which is either immediately or mediately derived out of land of freehold tenure ; but for the purposes of this Act customary freehold, in any case in which an admission or any Act by the lord of the manor is necessary to perfect the title of a purchase from the customary tenant, shall not be deemed to be land of free- hold tenure. 3, This Act shall come into operation on the first day of Com- January, 1876, which day is in this Act referred to as the ™encement commencement of this Act ; but any orders or rules, and any appointment to any ofSce, may be made under this Act at any Digitized by Microsoft® 116 APPENDIX. time after the passing thereof, but shall not take effect until the commencement of this Act. Construe- 4. In this Act, unless there is something inconsistent in terms to *^e context,— Act. " Person " includes a corporation and any body of persons unincorporate : "Kegistrar," "court," and "general rules," mean such "registrar," "court," and "general rules," as are in this Act respectively in that behalf mentioned : " Prescribed " means prescribed by any general rules made in pursuance of this Act : " The Court of Chancery," and " Court of Appeal in Chan- cery," and " Her Majesty's Superior Courts," include any courts in which the powers of the Courts so referred to by name, may be for the time being vested : " The Land Registry Act, 1862," means the Act passed in the session held in the twenty-fifth and twenty-sixth years of the reign of Her present Majesty, chapter fifty- three, intituled " An Act to facilitate the proof of title to and the conveyance of real estates." The definition of land contained in the Act of the thirteenth and fourteenth years of the reign of Her present Majesty,, chapter twenty-one, intituled "An Act for shortening the language used in Acts of Parliament," shall not apply to this- Act. Parti. PART I. Lartdm EnTET OF LaND ON REGISTER OF TiTLE. Xitie. (1) Freehold Lands. Applica- 5. A land registry shall be established, and on and after tion for re- the commencement of this Act the following persons ; (that is gistration ■„ „„„ \ s to say,) (1) Any person who has contracted to buy for his own benefit an estate in fee simple in land, whether subject or not to incumbrances ; and (2) Any person entitled for his own benefit at law or iiL Digitized by Microsoft® APPENDIX. 117 equity to an estate in fee simple in land, whether with an subject or not to incumbrances ; and ^^^°^ ^^^ (3) Any person capable of disposing for bis own benefit by with a way of sale of an estate in fee simple in land, Possessory ■' . ^ title only, wnetner subject or not to incumbrances, may apply to the registrar under this Act to be registered, or to have registered in his stead any nominee or nominees not exceeding the prescribed number, as proprietors or proprietor of such freehold land with an absolute title or with a possessory title only : Provided, that in the case of land contracted to be bought, the vendor consents to the application. 6. Where an absolute title is required the applicant or his Evidence nominee shall not be registered as proprietor of the fee simple ° g'-.L until and unless the title is approved by the registrar. on appli- Where a possessory title only is required the applicant or cation, his nominee may be registered as proprietor of the fee simple on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed. 7. The first registration of any person as proprietor of Estate of freehold land, (in this Act referred to as registered proprietor,) °''st "gis- with an absolute title, shall vest in the person so registered prietor an estate in fee simple in such land, together with all rights, '"'^^ ^\' privileges, and appurtenances belonging or appurtenant thereto, subject as follows : (1) To the incumbrances, if any, entered on the register ; and (2) Unless, under the provisions of this Act, the contrary is expressed on the register, to such liabilities, rights, and interests, if any, as are by this Act declared not to be incumbrances ; and (3) Where such first proprietor is not entitled for his own benefit to the land registered as between himself and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled, but free from all other estates and interests whatsoever, in- cluding estates and interests of Her Majesty, her heirs and successors. 8. The registration of any person as first registered pro- Estate of prietor of freehold land with a possessory title only shall not tere/rao- Digitized by Microsoft® 118 APPENDIX. prietor aSect or prejudice the enforcement of any estate, right, or with pos- interest adverse to or in derogation of tlie title of such first title. registered proprietor, and subsisting or capable of arising at the time of registration of such proprietor ; but, save as aforesaid, shall have the same effect as registration of a person with an absolute title. A qualified 9. Wbere an absolute title is required, and on the examina- title may tion of the title it appears to the registrar that the title can be be regis- . . . teied in established only for a limited period, or subject to certain certain reservations, the registrar may, on the application of the party applying to be registered, by an entry made in the register, except from the effect of registration any estate, right, or interest arising before a specified date, or arising under a specified instrument or otherwise particularly described in the register, and a title registered subject to such excepted estate, right, or interest shall be called a qualified title, and the regis- tration of a person as first registered proprietor of land with a qualified title shall have the same effect as the registration of such person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforce- ment of any estate, right, or interest appearing by the register to be excepted. Land ceiti- 10. On the entry of the name of the first registered pro- ficate given prietor of freehold land on the register, the registrar shall, if traSS^" required by such proprietor, deliver to him a certificate, in this Act called a land certificate, in the prescribed form; the certificate shall state whether the title of the proprietor therein mentioned is absolute, qualified, or possessory. Applica- tion for registra- tion witk or without a declara- tion of title of lessor to grant lease. (2) Leasehold Land. 11, A separate register shall be kept of leasehold land, and on and after the commencement of this Act any of the follow- ing persons ; that is to say, (1) Any person who has contracted to buy for his own benefit leasehold land held under a lease for a life or lives, or determinable on a life or lives, or for a term of years of which more than twenty-one are unexpired, whether subject or not to incumbrances ; and (2) Any person entitled for his own benefit, at law or in Digitized by Microsoft® APPENDIX. 11& equity, to leasehold land held under any such lease as is described in this section, whether subject or not to incumbrances ; and (3) Any person capable of disposing for his own benefit by way of sale of leasehold land held under any such lease as is described in this section, whether subject or not to incumbrances, may apply to the registrar under this Act to be registered, or to have registered in his stead any nominee or nominees not ex- ceeding the prescribed number, as proprietor or proprietors of such leasehold land, with the addition where the lease under which the land is held is derived immediately out of freehold land, and the applicant is able to submit for examination the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held : Provided, — That in the case of leasehold land contracted to be bought, the vendor consents to the application. Every applicant for registration of leasehold land shall deposit with the registrar the lease of the land in respect of which the application is made, or if such lease is proved to the satisfaction of the registrar to be lost a copy of such lease or of a counterpart thereof, verified to the satisfaction of the registrar ; and such lease or attested copy is in this Act referred to as the registered lease. Leasehold land held under a lease containing an absolute prohibition against alienation, shall not be registered in pur- suance of this Act ; and leasehold land held under a lease containing a prohibition against alienation without the license of some other person, shall not be registered under this Act until and unless provision is made in the prescribed manner for preventing alienation without such license by entry on the register of a restriction to that effect, or otherwise. 12. An applicant or his nominee shall not be registered as Evidence proprietor of leasehold land, until and unless the title to such "^ ^'^}^ land is approved by the registrar ; and further, if he apply to on appU^ be registered as proprietor of leasehold .land with a declaration cation. of the title of the lessor to grant the lease under which the land is held, until and unless the lessor, after an examination of his title by the registrar is declared to have had an absolute or qualified title to grant the lease under which the land is held. Digitized by Microsoft® 120 APPENDIX. Estate of first regis- tered pro- prietor of leasehold land witk a declara- tion of absolute title of lessor to grant lease. 13. The registration, under this Act of any person as first registered proprietor of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held shall be deemed to vest in such person the possession of the land comprised in the registered lease relating to such land for all the leasehold estate therein described, with all implied or expressed rights, privileges, and appurtenances attached to such estate, but subject as follows : (1) To all implied and express covenants, obligations, and liabilities incident to such leasehold estate ; and (2) To the incumbrances (if any) entered on the register ; and (3) Unless the contrary is expressed on the register, to such liabilities, rights, and interests as affect the leasehold estate and are by this Act declared not to be incum- brances in the case of registered freehold land ; and (4) Where such first proprietor is not entitled for his own benefit to the land registered as between himself and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled, but free from all other estates and interests whatsoever, in- cluding estates and interests of Her Majesty, her heirs and successors. 14. The registration of any person under this Act as first registered proprietor of leasehold land without a declaration of the title of the lessor shall not affect or prejudice the enforce- ment of any estate, right, or interest affecting or in derogation of the title of the lessor to grant the lease under which the land is held ; but, save as aforesaid, shall have the same effect as the registration of any person under this Act as first registered proprietor of leasehold land with a declaration that the lessor had an absolute title to grant the lease under which the land is held. Lessor may 15, Where an absolute title is required, and on the ex- 1 • d t amination of the title of any lessor by the registrar it appears have a to him that the title of such lessor to grant the lease under qualified which the land is held can be established only for a limited title to grant lease period or subject to certain reservations, the registrar may, by in certain an entry made in the register, except from the effect of regis- cases. tration any estate, right, or interest arising before a specified Estate of first regis- tered pro- prietor of leasehold land with- out a de- claration of title of lessor to grant lease. Digitized by Microsoft® APPENDIX. 121 date or arising under a specified instrament, or otherwise particularly described in the register; and a title of a lessor registered subject to such excepted estate, right, or interest is in this Act referred to as a qualified title ; and the registration of a person as first registered proprietor of leasehold land with a declaration that the lessor had a qualified title to grant the lease under which the land is held shall have the same effect as the registration of such person with a declaration that the lessor had an absolute title to grant the lease under which the land is held, save that registration with the declaration of a qualified title shall not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted. 16, On the entry of the name of the first registered Office lease proprietor of leasehold land on the register, the registrar shall, ,621^11™ if required by the proprietor, deliver to him a copy of the tion. registered lease, in this Act called an office copy, authenticated in the prescribed manner, and there shall be endorsed thereon a statement whether any declaration, absolute or qualified, as to the title of the lessor has been made, and any other par- ticulars relating to such lease entered in the register. Peeehold and Leasehold Land. 17, The examination by the registrar of any title under Regula- ihis Act shall be conducted in the prescribed manner, provided tions as to ' examina- that — tion of (1) Due notice shall be given, where the giving of such title by notice is prescribed, and sufficient opportunity be afforded to any persons desirous of objecting to come in and state their objections to the registrar ; and (2) The registrar shall have jurisdiction to hear and determine any such objections, subject to an appeal to the Court in the prescribed manner and on the prescribed conditions ; and (3) If the registrar, upon the examination of any title, is of opinion that the title is open to objection, but is nevertheless a title the holding under which will not be disturbed, he may approve of such title, or may require the applicant to apply to the court, upon a statement signed by the registrar, for its sanction to the registration ; and Digitized by Microsoft® 122 APPENDIX. (4) Tte registrar may accept as evidence recitals, state- ments, and descriptions of facts, matters, and parties in deeds, instruments, or statutory declarations not less than twenty years old. Liability Jg. AH registered land shall, unless, under the provisions tered^land °^ *^^^ '^^^' ^^^ contrary is expressed on the register, be deemed to ease- to be subject to such of the following liabilities, rights, and ments and interests as may be for the time being subsisting in reference other thereto, and such liabilities, rights, and interests shall not be rights. deemed incumbrances within the meaning of this Act ; (that is to say,) (1) Liability to repair highways by reason of tenure, quit- rents, crown rents, heriots, and other rents and charges having their origin in tenure ; and (2) Succession duty, land tax, tithe rentcharge, and pay- ments in lieu of tithes, or of tithe rentcharge ; and (3) Eights of common, rights of sheepwalk, rights of way, watercourses, and rights of water, and other ease- ments ; and (4) Rights to mines and minerals ; and (5) Rights of entry, search, and user, and other rights and reservations incidental to or required for the purpose of giving full effect to the enjoyment of rights to mines and minerals, or of property in mines or minerals; and (6) Rights of fishing and sporting, seignorial and manorial rights of all descriptions, and franchises, exerciseable over the registered lands ; and (7) Leases or agreements for leases and other tenancies for any term not exceeding twenty-one years, or for any less estate, in cases where there is an occupation under such tenancies : Provided as follows : (a) Where it is proved to the satisfaction of the registrar that any land registered or about to be registered is exempt from land tax or tithe rentcharge, or from payments in lieu of tithes, or of tithe rent- charge, the registrar may notify the fact on the register in the prescribed manner ; and (6) The Commissioners of Inland Revenue shall, upon the application of the proprietor of any land registered Digitized by Microsoft® APPENDIX. 123 or about to be registered upon such declaration being made, or such other evidence being pro- duced as the commissioners require, and upon payment of the prescribed fee, grant a certificate that at the date of the grant thereof no succession duty is owing in respect of such land, and the registrar shall in the prescribed manner notify such fact on the register, and such notification shall be conclusive evidence of the fact so notified in respect of succession duty ; and (c) Where it is proved to the satisfaction of the registrar that the right to any mines or minerals is vested in the proprietor of land registered or about to be registered, the registrar may register sach pro- prietor in the prescribed manner as proprietor of such mines and minerals as well as of the land ; and (d) Where it is proved to the satisfaction of the registrar that the right to any mines or minerals is severed from any land registered or about to be registered, the registrar may on the application of the person entitled to any such mines and minerals register him as proprietor of such mines and minerals in manner hereafter in this Act mentioned, and upon such registration being effected shall enter on the register of the land a reference to the registration of such other person as proprietor of such mines and minerals. Where the existence of any such liabilities, rights, or interests, as are mentioned in this section, is proved to the satisfaction of the registrar, the registrar may, if he thinks fit, enter on the register notice of such liabilities, rights, or interests in the prescribed manner. 19. Where upon the first registration of any freehold or Discharge leasehold land, notice of an incumbrance affecting such land °^ mcum- has been entered on the register, the registrar shall, on proof to his satisfaction of the discharge of such incumbrance, notify in the prescribed manner on the register by cancelling the original entry or otherwise the cessation of such incumbrance. 20. The registrar shall, on proof to his satisfaction of the Determina- determination of any lease of registered leasehold land, notify *'°° "^ Digitized by Microsoft® 124 APPENDIX. No aoqui sition of title by adverse in the prescribed manner on the register the determination of such lease. 21. A title to any land adverse to or in derogation of the title of the registered proprietor shall not he acquired by any length of possession ; but this section shall not prejudice, as possession, against any person registered as first proprietor of land with a possessory title only, any adverse claim in respect of length of possession of any other person who was in possession of such land at the time when the registration of such first proprietor took place. Part II. Dealings with Regis- tered Land. Creation of charges, and de- livery of certificate of charge. Implied covenant to pay charges. PART II. Registered Dealings with Registeeed Land. Mortgage of Registered Land. 22. Every registered proprietor of any freehold or leasehold land may in the prescribed manner charge such land with the payment at an appointed time of any principal sum of money either with or without interest, and with or without a power of sale to be exercised at or after a time appointed. The charge shall be completed by the registrar entering on the register the person in whose favour the charge is made as the proprietor of such charge, and the particulars of the charge, and of the power of sale, if any ; the registrar shall also, if required, dehver to the proprietor of the charge a certificate of charge in the prescribed form. 23. Where a registered charge is created on any land there shall be implied on the part of the person being registered proprietor of such land at the time of the creation of the charge, his heirs, executors, and administrators, unless there be an entry on the register negativing such implication, a covenant with the registered proprietor for the time being of the charge to pay the principal sum charged, and interest, if any, thereon, at the appointed time and rate ; also a covenant, if the principal sum or any part thereof is unpaid at the appointed time, to pay interest half-yearly at the appointed rate on so much of the principal sum as for the time being remains unpaid. Digitized by Microsoft® APPENDIX. 125 24. Where a registered charge is created on any leasehold Implied land there shall be implied on the part of the person being ?°^™''° registered proprietor of such land at the time of the creation leaseholds of the charge, his heirs, executors, and administrators, unless '" P^^l ,,',,. rent, &c., there be an entry on the register negativing such implication, and indem- a covenant with the registered proprietor for the time being °'fy P™" of the charge, that the person being registered proprietor of charge. such land at the time of the creation of the charge, his executors, administrators, and assigns, will pay, perform, and observe the rent, covenants, and conditions by and in the registered lease reserved and contained, and on the part of the lessee to be paid, performed, and observed, and will keep the proprietor of the charge, his heirs, executors, and adminis- trators, indemnified against all actions, suits, expenses, and claims, on account of the non-payment of the said rent, or any part thereof, or the breach of the said covenants or conditions, or any of them. 25. Subject to an entry to the contrary on the register, the Entry by registered proprietor of a registered charge may, for the purpose P™?"^*""" of obtaining satisfaction of any moneys due to him under the charge, at any time during the continuance of his charge, enter upon the land charged, or any part thereof, or into the receipt of the rents and profits thereof, subject nevertheless to the right of any persons appearing on the register to be prior incumbrancers, and to the liability attached to a mortgagee in possession. 26. Subject to any entry to the contrary on the register, Fore- the registered proprietor of a registered charge may enforce <=l°sure by a foreclosure or sale of the land charged, in the same manner of charge. and under the same circumstances in and under which he might enforce the same if the land had been transferred to him by way of mortgage, subject to a proviso for redemption on payment of the money named at the appointed time. 27. Subject to any entry to the contrary on the register, Remedy of the registered proprietor of a registered charge with a power ^f X'r*'"^ of sale may, at any time after the expiration of the appointed with a time, sell and transfer the land on which he has a registered pow^r of charge, or any part thereof, in the same manner as if he were the registered proprietor of such land. 28. Subject to any entry to the contrary on the register. Priority Digitized by Microsoft® 126 APPENDIX. and dis- registered charges on the same land shall as between themselves charge of p^iik according to the order in which they are entered on the charges, register, and not according to the order in which they are created. The registrar shall, on the requisition of the registered proprietor of any charge, or on due proof of the satisfaction thereof, notify on the register in the prescribed manner by cancelling the original entry or otherwise the cessation of the charge, and thereupon the charge shall be deemed to have ceased. Transfer of Freehold Land. Transfer 29. Every registered proprietor of freehold land may, 1 f ^^^ in the prescribed manner, transfer such land or any part delivery of thereof The transfer shall be completed by the registrar land certi- entering on the register the transferee as proprietor of the land transferred, but until such' entry is made the transferor shall be deemed to remain proprietor of the land. Upon completion of the registration of the transferee the registrar shall, if required, deliver to him a land certificate in the prescribed form ; he shall also, in cases where part only of the land is transferred, if required, deliver to the transferor a land certificate, containing a description of the land retained by him. Estate of 30. -A- transfer for valuable consideration of freehold land transferee registered with an absolute title shall, when registered, confer able con- on the transferee an estate in fee simple in the land transferred, sideration together with all rights, privileges, and appurtenances belong- land with i^g ^^ appurtenant thereto, subject as follows : absolute (1) To the incumbrances, if any, entered on the register : title. J and (2) Unless the contrary is expressed on the register, to such liabilities, rights, and interests, if any, as are by this Act declared not to be incumbrances, but free from all other estates and interests whatsoever, including estates and interests of Her Majesty, her heirs and successors. Estate of 31. A transfer for valuable consideration of freehold land for^rlir^ registered with a qualified title shall, when registered, have able con- the same effect as a transfer for valuable consideration of the Digitized by Microsoft® APPENDIX. 127 same land registered with, an absolute title, save that such sideration transfer shall not affect or prejudice the enforcement of any ^^ ^A^^^th right or interest appearing by the register to be excepted. qualified 32. -A- transfer for valuable consideration of freehold land registered with a possessory title shall not affect or prejudice transferee the enforcement of any right or interest adverse to or in dero- for valn- gation of the title of the first registered proprietor, and subsist- ^((jgi.atio'ii ing or capable of arising at the time of the registration of such of freehold proprietor : but, save as aforesaid, shall when registered have ^°"^ ^'* ■*■ . ° , possessory the same effect as a transfer for valuable consideration of the title. same land registered with an absolute title. 33. A transfer of freehold land made without valuable Estate of consideration shall, so far as the transferee is concerned, be ^"'lo'^'y subject to any unregistered estates, rights, interests, or equities of freeiiold subject to which the transferor held the same, but, save as '^'^'i- aforesaid, shall, when registered, in all respects, and in par- ticular as respects any registered dealings on the part of the transferee, have the same effect as a transfer of the same land for valuable consideration. Transfer of Leasehold Land. 34. Every registered proprietor of leasehold land may, in Transfer of the prescribed manner, transfer the whole of his estate in such leasehold land or in any part thereof. The transfer shall be completed deliTery of by the registrar entering on the register the transferee as pro- offi<=« l<=^se. prietor of the land transferred, but until such entry is made the transferor shall be deemed to remain proprietor of the land. Upon completion of the registration of the transferee, if the transfer includes the whole of the land comprised in the regis- tered lease relating to such land, the transferee shall be entitled to the office copy of the registered lease ; but if a part only is transferred, the registrar shall, if required, according to any agreement that may have been entered into between the trans- feror and transferee, deliver to the one the office copy of the registered lease and to the other a fresh office copy of such lease, each of such copies showing by endorsement or otherwise the parcels of which the person to whom such copy is delivered is the registered proprietor. 35. A transfer for valuable consideration of leasehold land Estate of Digitized by Microsoft® 128 APPENDIX. transferee for valu- able con- sideration ofleasehold land with a declaration of absolute title of lessor. Estate of transferee for valu- able con- sideration ofleasehold land with a declaration of qualified absolute title of lessor. Estate of transferee for valu- able con- sideration ofleasehold land with- out a de- claration of title of lessor. registered with a declaration that the lessor had an absolute title to grant the lease nnder which the land is held shall, when registered, be deemed to vest in the transferee the posses- sion of the land transferred for all the leasehold estate described in the registered lease relating to such land, with all implied or expressed rights, privileges, and appurtenances attached to such estate, but subject as follows : (1) To all implied and express covenants, obligations, and liabilities incident to such estate ; and (2) To the incumbrances (if any) entered on the register ; and (3) Unless the contrary is expressed on the register, to such liabilities, rights, and interests as affect the leasehold estate and are by this Act declared not to be incumbrances in the case of registered freehold land; but free from all other estates and interests whatsoever, including estates and interests of Her Majesty, her heirs and successors. 36. -A. transfer for valuable consideration of leasehold land registered with a declaration that the lessor had a qualified title to grant the lease under which the land is held shall, when registered, have the same effect as a transfer for valuable consideration of the same land registered with a declaration that the lessor had an absolute title to grant the lease under which the land is held, save that such transfer shall not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted from the effect of registration. 37. -A. transfer for valuable consideration of leasehold land registered without a declaration of the title of the lessor shall not affect the enforcement of any estate, right, or interest affecting or in derogation of the title of the lessor to grant the lease under which the land is held ; but, save as aforesaid, shall, when registered, have the same effect as a transfer for valuable consideration of the same land registered with a declaration that the lessor had an absolute title to grant the lease under which the land is held. Estate of 38. A transfer of voluntary consideration shall, ofleasehold subject to any unregistered estates, rights, interests, or equities land. leasehold land made without valuable far as the transferee is concerned, be Digitized by Microsoft® APPENDIX. 129 subject to wliicli the transferor held the same; but, save as aforesaid, shall, when registered, in all respects, and in particular as respects any registered dealingfs on the part of the transferee, have the same effect as a transfer of the same land for valuable consideration. 39. On the transfer of any leasehold land under this Act, Implied unless there be an entry on the register negativing such <="'^™'">'3 •' o f' ° on transfer implication, there shall be implied as follows ; (that is to say), ofleasehold (1) On the part of the transferor a covenant with the ^s'^'^s- transferee that, notwithstanding anything by such tranferor done, omitted, or knowingly suffered, the rent, covenants, and conditions reserved and con- tained by and in the registered lease, and on the part of the lessee to be paid, performed, and observed, have been so paid, performed, and observed up to the date of the transfer; and (2) On the part of the transferee a covenant with the transferor, that he, the transferee, his executors, administrators, or assigns, will pay, perform, and observe the rent, covenants, and conditions by and in the registered lease reserved and contained, and on the part of the lessee to be paid, performed, and observed, and will keep the transferor, his heirs, executors, and administrators, indemnified against all actions, suits, expenses, and claims on account of the nonpayment of the said rent or any part thereof, or the breach of the said covenants or conditions, or any of them. Transfer of Charges. 40. The registered proprietor of any charge may, in the Transfer of prescribed manner, transfer such charge to another person as. f^^^f^^^.°'^ proprietor. The transfer shall be completed by the registrar entering on the register the transferee as proprietor of the charge transferred ; the registrar shall also, if required, deliver to the transferee a fresh certificate of charge, but the transferor shall be deemed to remain proprietor of such charge until the name of the transferee is entered on the register m respect thereof. Digitized by Microsoft® 130 APPENDIX. Transmis- sion on deatli of freehold land. Transmis- sion on death of leasehold land or of chai'ge. Transmis- sion on banls- ruptcy of land or charge. Effect of marriage of female proprietor of freehold land. Transmission of Land and Charges. 41. On the death of the sole registered proprietor, or of the survivor of several joint registered proprietors of any free- hold land, such person shall be registered as proprietor in the place of the deceased proprietor or proprietors as may, on the application of any person interested in the land, be appointed by the registrar, regard being had to the rights of the several persons interested in such land, and in particular to the selection of such person as may for the time being appear to the registrar to be entitled according to law to be so appointed, subject to an appeal to the court in the prescribed manner by any person aggrieved by any order of the registrar under this section. 42. On the death of the sole registered proprietor, or of the survivor of several joint registered proprietors of any leasehold land or of any charge, the executor or administrator of such sole deceased proprietor, or of the survivor of such joint proprietors, shall be entitled to be registered as proprietor in his place. 43. Upon the bankruptcy of any registered proprietor of any land or charge, or on the liquidation of his affairs by arrangement, his trustee shall be entitled to be registered as proprietor in his place. 44. The husband of any female registered proprietor of freehold land may apply to be registered as co-proprietor with his wife, but he shall be described on the register as co-proprietor in right of his wife, and on his death in her lifetime the original registry of the wife, with a change if necessary in the name, shall revive, and confer the same rights as if her husband had never been registered as co-proprietor with her, subject never- theless to any registered disposition which may have been made by the husband and wife in the meantime. If the husband survives the wife he shall not be entitled to be registered as sole proprietor of the land, but there shall be registered as co-proprietor with him if he is entitled as tenant by the curtesy, and as sole proprietor in place of himself and his deceased wife if he is not entitled as tenant by the curtesy, such person as may, on the application of any person interested in right of the wife, be appointed by the registrar with power Digitized by Microsoft® APPENDIX. 131 for the registrar on a like application to appoint from time to time another person or other persons in the event of any person registered as co-proprietor with the husband dying in his lifetime. Any person aggrieved hy any order of the registrar under this section may appeal to the court in the prescribed manner. 45. The husband of any female registered proprietor of Effect of leasehold land or of a charge may apply to be registered as ™arnageof proprietor in her place. prietor of , ir.-i -1 leasehold 46. Any person registered m the place of a deceased or laqd or bankrupt proprietor shall hold the land or charge in respect of charge. which be is registered upon the trusts and for the purposes to 'f^'""'^ °^ which the same is applicable by law, and subject to any un- registered registered estates, rights, interests, or equities subject to which fiduciary the deceased or bankrupt proprietor held the same ; but, save ^^°^^ " as aforesaid, he shall in all respects, and in particular as respects any registered dealings with such land or charge, be in the same position as if he had taken such land or charge under a transfer for a valuable consideration. 47. The fact of any person having become entitled to any Evidence of land or charge in conseqaence of the death or bankruptcy of tpismis- any registered proprietor, or of the marriage of any female registered proprietor, shall be proved in the prescribed manner. proprietor- ship. 48. Section five of the Vendor and Purchaser Act, 1874, Repeal and shall be repealed on and after the commencement of this Act, re-enact- .,,, lie 1 ment (with except as to anything duly done thereunder before the com- amend- mencement of this Act ; and, instead thereof, be it enacted, ments) of that upon the death of a bare trustee intestate as to any y,pj ^ ^g corporeal or incorporeal hereditament of which such trustee s. 5 ; not was seised in fee simple, such hereditament shall vest like a r'^^t^Jj^ j'" chattel real in the legal personal representative from time to lands, time of such trustee ; but the enactment by this section sub- stituted for the aforesaid section of " The Vendor and Pur- chaser Act, 1874," shall not apply to lands registered under this Act. Digitized by Microsoft® 132 APPENDIX. Part III. Unre- gistered Dealings with Regis- tered Land. Effect of unregis- tered dis- positions. PART III. Uneegisteked Dealings with Registered Land. 49. The registered proprietor alone shall be entitled to transfer or charge registered land by a registered disposition ; but, subject to the maintenance of the estate and right of such proprietor, any person, whether the registered proprietor or not of any registered land, having a sufficient estate or interest in such land, may create estates, rights, interests, and equities in the same manner as he might do if the land were not regis- tered ; and any person entitled to or interested in any un- registered estates, rights, interests, or equities in registered land may protect the same from being impaired by any act of the registered proprietor by entering on the register such notices, cautions, inhibitions, or other restrictions as are in this Act in that behalf mentioned. The registered proprietor alone shall be entitled to transfer a registered charge by a registered disposition ; but, subject to the maintenance of the right of such proprietor, unregistered interests in a registered charge may be created in the same manner and with the same incidents, so far as the difference of the subject-matter admits, in and with which unregistered estates and interests may be created in registered land. Lessee may apply for registra- tion of notice of lease. Notice of Leases. 50. -A-ny lessee or other person entitled to or interested in a lease or agreement for a lease of registered land made sub- sequently to the last transfer of the land on the register, where the term granted is for a life or lives, or is determinable on a life or lives, or exceeds twenty-one years, or where the occupa- tion is not in accordance with such lease or agreement, may apply to the registrar to register notice of such lease or agree- ment in the prescribed manner, and when so registered every registered proprietor of the land, and every person deriving title through him, excepting proprietors of incumbrances registered prior to the registration of such notice, shall be deemed to be affected with notice of such lease or agreement as being an incumbrance on the land in respect of which the notice is entered. Digitized by Microsoft® APPENDIX. 133 61, In order to register notice of a lease or agreelnent for Manner of a lease, if the registered proprietor of the land does not concur r«g|stering in such registry, the applicant shall obtain an order of the court, leases. authorising the registration of notice of such lease or agree- ment and shall deliver such order to the registrar, accompanied with the original lease or agreement or a copy thereof, and thereupon the registrar shall make a note in the register identifying the lease or agreement or copy so deposited, and the lease or agreement or copy so deposited shall be deemed to be the instrument of which notice is given ; but if the regis- tered proprietor concurs in such registry, notice maybe entered in such manner as may be agreed upon. Notice of Estates in Bower or hy the Curtesy. 52. -A-ny person entitled to an estate in dower or by the Registra- curtesy in any registered land may apply in the prescribed *"''! °^ „ manner to the registrar to register notice of such estate ; and estates in the registrar, if satisfied of the title of such person to such dower or estate, shall register notice of the same accordingly in the pre- curtesy. scribed form ; and when so registered, such est^ate shall be an incumbrance appearing on the register, and shall be dealt with accordingly. Cautions against registered Dealings. 53. -A-ny person interested under any unregistered instru- Caution ment, or interested as a iudafment creditor, or otherwise how- ^^f^"^' '«- . , , 1 • 1 ■ 1 gistered soever, m any land or charge registered m the name of any dealings other person, may lodge a caution with the registrar to the ''""^ '° ^^ effect that no dealing with such land or charge be had on the part of the registered proprietor until notice has been served upon the cautioner. The caution shall be supported by an affidavit or declaration made by the cautioner or his agent in the prescribed form, and containing the prescribed particulars. Provided, that a person interested under a lease or agree- ment for a lease of which notice has been entered on the register, or entitled to an estate in dower, or estate by the curtesy, of which notice has been entered on the register, shall not be entitled to a caution in respect of such lease or estate in dower or by the curtesy. Digitized by Microsoft® 134 APPENDIX. Cautioner entitled to notice of proposed registered dealings. Registered dealings delayed on bond being given. Compensa- tion for improper lodging of caution. Power of court or registrar to inhibit registered dealings. 54. After any suet caution tas been lodged in respect of any land or ctiarge, the registrar shall not, without the consent of the cautioner, register any dealing with such land or charge until he has served notice on the cautioner, warning him that his caution will cease to have any effect after the expiration of the prescribed number of days next ensuing the date at which such notice is served ; and after the expiration of such time as aforesaid the caution shall cease unless an order to the contrary is made by the registrar, and upon the caution so ceasing the land or charge shall be dealt with in the same manner as if no caution had been lodged. 55. If before the expiration of the said period the cautioner, or some other person on his behalf, appears before the registrar, and give sufficient security to indemnify every party against any damage that may be sustained by reason of any dealing with the land or charge being delayed, the registrar may there- upon, if he thinks fit so to do, delay registering any dealing with the land or charge for such further period as he thinks just. 56. If 8'iiy person lodges a caution with the registrar with- out reasonable cause, he shall be liable to make to any person who may have sustained damage by the lodging of such caution such compensation as may be just, and such compensation shall be recoverable as a debt by the person who has sustained damage from the person who lodged the caution. Any person aggrieved by any act done by the registrar in relation to cautions under this Act, may appeal to the court in the prescribed manner, Inhihition against registered Dealings withcnit Order of Court, 57. The court, or, subject to an appeal of the court, the registrar, upon the application of any person interested, made in the prescribed manner, in relation to any registered land or charge, may, after directing such inquiries (if any) to be made and notices to be given and hearing such persons as the' court or registrar thinks expedient, issue an order or make an entry inhibiting for a time, or until the occurrence of an event to be named in such order or entry, or generally until further order or entry, and dealing with any registered land or regis- tered charge. The court or registrar may make or refuse to make any such Digitized by Microsoft® APPENDIX. 135 order or entry, and annex thereto any terms or conditions the court or registrar may think fit, and discharge such order or cancel such entry when granted, with or without costs, and generally act in the premises in such manner as the justice of the case requires. Any person aggrieved by any act done by the Registrar in pursuance of this section may appeal to the court in the pre- scribed manner. Power of Registered Proprietor to impose Restrictions. 58, Where the registered proprietor of any land is desirous Power to for his own sake, or at the request of some person beneScially place re- interested in such land, to place restrictions on transferring or on register, charging such land, such proprietor may apply to the registrar to make an entry in the register that no transfer shall be made of or charge created on such land, unless the following things, or such of them as the proprietor may determine, are done ; (that is to say). Unless notice of any application for a transfer or for the creation of a charge is transmitted by post to such address as he may specify to the registrar : Unless the consent of some person or persons, to be named by such proprietor, is given to the transfer or the creation of a charge : Unless some such other matter or thing is done as may be required by the applicant and approved by the registrar. 59. The registrar shall thereupon, if satisfied of the right Registrar of the applicant to give such directions, make a note of such to enter directions on the register, and no transfer shall be made or i^^^i.egiat°e1.' charge created except in conformity with such directions ; but it shall not be the duty of the registrar to enter any of the above directions, except upon such terms as to payment of fees and otherwise as may be prescribed, or to enter any restriction that the registrar may deem unreasonable, or calculated to cause inconvenience ; and any such directions may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the registry to be interested in such directions, and shall also be subject to be set aside by the order of the court. Digitized by Microsoft® 136 APPENDIX. menial to Farts of Act. Caution against re- gistration of land. PaetIV. part IV. Peovisions supplemental to foregoing Parts of Act. Caution against Entry of Land on Register. 60. Any person having or claiming such an interest in any land which is not already registered as entitles him to object to any disposition thereof being made without his consent, may lodge a caution with the registrar to the effect that the cautioner is entitled to notice in the prescribed form, and to be served in the prescribed manner, of any application that may be made for the registration of sach land. Caution to 61. The caution shall be supported by an affidavit or T^\ declaration in the prescribed form, stating the nature of the affidavit, interest of the cautioner, the land to be afBected by such caution, and such other matters as may be prescribed. Cautioner 62. After a caution has been lodged in respect of any land, entitled to ^j^jgjj jjg^g jjqj; already been registered, registration shall not be proposed made of such land until notice has been served on the cautioner to appear and oppose, if he thinks fit, such registration, and the prescribed time has elapsed since the date of the service of such notice, or the cautioner has entered an appearance, which may first happen. Compensa- 63. If any person lodges a caution with the registrar, tion for -svithout reasonable cause, he shall be liable to make to any improper ' i i i -i • j? i lodging of person who may have sustained damage by the lodging of such caution caution such compensation as may be just, and such com- pensation shall be deemed to be a debt due to the person who has sustained damage from the person who has lodged the caution. Saving as g4. A caution lodged in pursuance of this Act shall not caution. prejudice the claim or title of any person, and shall have no effect whatever except as in this Act mentioned. registra- tion of land. Facilities for regis- tration of Crown lands. Crown Lands. 65. With respect to land or any estate, right, or interest iu land vested in Her Majesty, her heirs or successors, either in right of the Crown or of the Duchy of Lancaster, or otherwise, or vested in any public officer or body in trust for the public Digitized by Microsoft® APPENDIX. 137 service, the public officer or body having the management thereof (if any), or, if none, then such person as Her Majesty, her heirs or successors, may by writing under her or their sign manual appoint, may represent the owner of such land, estate, right, or interest for all the purposes of this Act, and shall be entitled to such notices, and may make and enter any such application or cautions, and do all such other acts, as any owner of land, or of any estate, right, or interest therein (as the case may be) is entitled to receive, make, enter, or do under this Act; and with respect to land or any estate, right, or interest in land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall for the time being, or as the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, may in writing appoint, may act as and represent the owner of such land, estate, right, or interest for all the purposes of this Act, and shall be entitled to receive such notices, and may make and enter any such application or cautions, and do all such other acts as any owner of land or of any estate, right, or interest in land (as the case may be) is entitled to make, enter, or do under this Act. 66, If it appears to the registrar that any land, application Registry of for reeristration whereof is made to him, comprises land below ,^'^ below 1 • 1 T • • 1 1 1 m ■ high-water high- water mark at ordinary spring tides, he shall not register mark, the land unless and until he is satisfied that at least one month's notice in writing of the application has been given to the Board of Trade ; and in case of land in the country palatine of Lancaster, also to the proper officer of the Duchy of Lancaster ; and in case of land in the counties of Cornwall or Devon, also to the proper officer of the Duke of Cornwall ; and in all other cases also to the Commissioners of Her Majesty's Woods, Forests, and Land Revenues. As to Proceedings on and before Registration. 67. If it appears to the registrar that any land, application Registra- for registration whereof is made to him, comprises land of J^°^ °^f freehold tenure and also land of a tenure other than freehold different intermixed and undistinguishable, he may, notwithstanding tenures. anything in this Act, register the land, but he shall enter notice on the register in such manner as he thinks fit of the facts relating to the tenure of the land, and the tenure of the Digitized by Microsoft® 138 APPENDIX. portion of the land other than freehold shall remain unafEeeted I by the registration. Trustees gg. Any person holding land on trust for sale, and any r^medi' ^I'listee, mortgagee, or other person having a power of selling of registry, land, may authorise the purchaser to make an application to be registered as first proprietor with any title which a proprietor is authorised to be registered with under this Act, and may consent to the performance of the contract being conditional on his being so registered, or may himself apply to be registered as such proprietor with the consent of the persons (if any) whose consent is required to the exercise by the applicant of his trust or power of sale ; and the amount of all costs, charges, and expenses properly incurred by such person in or about such application shall in all cases be ascertained and declared by the registrar, and shall be deemed to be costs, charges, and expenses properly incurred by such person in the execution of his trust or in pursuance of his power; and such person may retain or reimburse the same to himself out of any money coming to him under the trust or power, and he shall not be liable to any account in equity in respect thereof. Eegistra- 69. Any two or more persons entitled for their own benefit, tion of part concurrently or successively, or partly in one mode and partly owners. .^ another, to such estates, rights, or interests in land as together make up such an estate as would, if vested in one person, entitle him to be registered as proprietor of the land, may (subject as in this Act mentioned with respect to the number of persons to be registered in respect of the same land), apply to the registrar to be registered as joint proprietors, in the same manner and with the same incidents, so far as circum- stances admit, in and with which it is in this Act declared that any individual proprietor may be registered. Instru- 70. Before the completion of the registration of any land ments and in respect of which an examination of title is required, the ju jjjg*'' ' vendor and his solicitor, in cases where the applicant is a title to be person who has contracted to buy such land, and in all other disclosed on p^ses the applicant for registration and his solicitor, shall each, tions. if required by the registrar, make an afiidavit or declaration that to the best of his knowledge and belief all deeds, wills, and instruments of title, and all charges and incumbrances affecting the title to the land which is the subject of the Digitized by Microsoft® APPENDIX. 139 application, and all facts material to such title, have been disclosed in the course of the investigation of title made by the registrar. The registrar may require any person making an affidavit or declaration in pursuance of this section to state in his affidavit or declaration what means he has had of becoming acquainted with the several matters referred to in this section ; and if the registrar is of opinion that any further or other evidence is necessary or desirable, he may refuse to complete the registration until such further or other evidence is produced. 71, When an application has been made to the registrar for Production the registration of any land, if any person has in his possession ° °° *' or custody any deeds, instruments, or evidences of title relating to or affecting such land, to the production of which the applicant, or any trustee for him is entitled, the registrar may require such person to show cause, within a time limited, why he should not produce such deeds, instruments, or evidences of title to the registrar, or otherwise, as the registrar may deem fit ; and, unless cause is shown to the satisfaction of the registrar within the time limited, such deeds, instruments, and evidences of title may be ordered by the registrar to be pro- duced at the expense of the applicant, at such time and place, and in such manner, and on such terms as the registrar thinks fit. Any person aggrieved by any order of the registrar under this section may appeal in the prescribed manner to the court which may annul or confirm the order of the registrar with or without modification. If any person disobeys any order of the registrar made in pursuance of this section, the registrar may certify such dis- obedience to the court, and thereupon such person, subject to such right of appeal as aforesaid, may be punished by the court in the same manner in all respects as if the order made by the registrar were the order of the court. 72. A person shall not be registered as proprietor of land Deeds to until, if required by the registrar, he has produced to him such ^^^ii^^'p^'j^g documents of title as will in the opinion of the registrar, when of registra- stamped or otherwise marked, give notice to any purchaser or *'""■ other person dealing with such land of the fact of the registra- tion, and the registrar shall stamp or otherwise mark the same Digitized by Microsoft® 140 APPENDIX. Costs of application for legistiy. accordingly, or until he has otherwise satisfied the registrar that the fact of such registration cannot be concealed from a purchaser or other person dealing with the land. 73. All costs, charges, and expenses that are incurred by any parties in or about any proceedings for registration of land shall, unless the parties otherwise agree, be taxed by the taxing officer of the Court of Chancery as between solicitor and client, but the persons by whom and the proportions in which such costs, charges, and expenses are to be paid shall be in the discretion of the registrar, and shall be determined according to orders of the registrar, regard being had to the following provision ; namely, that any applicant under this Act, is liable prima facie to pay all costs, charges, and expenses incurred by or in consequence of his application, except in a case where parties object whose rights are sufficiently secured without their appearance, or where any costs, charges, or expenses are incurred unnecessarily or improperly, and subject to this proviso, that any party aggrieved by any order of the registrar under this section may appeal in the prescribed manner to the court, which may annul or confirm the order of the registrar, with or without modification. If any person disobeys any order of the registrar made in pursuance of this section, the registrar may certify such dis- obedience to the court, and thereupon such person, subject to such right of appeal as aforesaid, may be punished by the court in the same manner in all respects as if the order made by the registrar were the order of the court. Registrar may state case for court of law or direct issue. Doubtful Questions arising on Title. 74. Whenever, upon the examination of the title to any land, the registrar entertains a doubt as to any matter of law or fact arising upon such title, he may, upon the application of any party interested in such land, refer a case for the opinion of any of Her Majesty's superior courts, with power for the court to direct an issue to be tried before any jury for the purpose of determining any fact ; the registrar may also name the parties to such case, and the manner in which the proceed- ings in relation thereto are to be brought before the court to which such case is referred. Opinion of 75. The opinion of any court to whom any case is referred Digitized by Microsoft® APPENDIX. 141 by the registrar shall be conclusive on all the parties to such court or case, unless the court before whom such case is heard permits ■ ^^^^. an appeal to be had. far con- clusive. 76. Where any infants, married women, idiots, lunatics, interven- persons of unsound mind, persons absent beyond seas, or persons *'"'' "^ yet unborn, are interested in the land in respect of the title to caseofinca- which any question arises as aforesaid, any other persons pacitated interested in such land may apply to " the court," as defined by P^^"^""^- this Act, for a direction that the opinion of the court to whom the case is referred under this Act shall be conclusively binding on such infants, married women, idiots, lunatics, persons of unsound mind, persons beyond the seas, or unborn persons. 77. The court as defined by this Act shall hear the allega- Power of tions of all parties appearing before it. It may disapprove j^j^^j j^. altogether or may approve, either with or without modification, terests of of the directions of the registrar in respect to any case referred 1°?"?'"^'^. as to the title of land; it may also, if necessary, appoint a sons. guardian or other person to appear on behalf of any infants, married women, idiots, lunatics, persons of unsound mind, persons absent beyond seas, or unborn persons ; and if such court is satisfied that the interests of the persons labouring under disability, absent, or unborn, will be sufficiently repre- sented in any case, it shall make an order declaring that all persons, with the exceptions (if any) named in the order, are to be conclusively bound, and thereupon all persons with such exceptions (if any) as aforesaid, shall be conclusively bound by any decision of the court having cognisance of the case in which such persons are concerned. As to Land Certificates, Office Copies of Leases, and Certificates of Charge. 78. If any land certificate or office copy of a registered Loss of lease or certificate of charge is lost, mislaid, or destroyed, the )?"'Jj^^^|J'' registrar may, upon being satisfied of the fact of such loss, certificate mislaying, or destruction, grant a new land certificate or office °^ cl^rge, copy or certificate of charge in the place of the former one. copy of lease. 79. The registrar may, upon the delivery up to him up of a Renewal of land certificate or of an office copy of a registered lease or of a land certi- certificate of charge, grant a new land certificate or office copy ^""'.'l' '"' Digitized by Microsoft® 142 APPENDIX. of charge, of a lease or certificate of charge in the place of the one c^pfo? delivered up. 80. Any land certificate or certificate of charge shall be ficate of " Pfima facie evidence of the several matters therein contained, charge, and and the office copy of a registered lease shall be evidence of the oHease'io ''"stents of the registered lease. • 81. Subject to any registered estates, charges, or rights, the deposit'of deposit of the land certificate in the case of freehold land, and land certi- of the office Copy of the registered lease in the case of leasehold ficate. land, shall, for the purpose of creating a lien on the land to ■which such certificate or lease relates, be deemed equivalent to a deposit of the title deeds of the land. Special HereditaTnents. Registry of 82. The registrar may register the proprietor of any ad- * d^'th""' '^°'^^°''^> I'ent, tithes impropriate, or other incorporeal heredita- special ment of freehold tenure, enjoyed in gross, also the proprietor heredita- of any mines or minerals where the same have been severed from the land, in the same manner and with the same incidents in and with which he is by this Act empowered to register land, or as near thereto as circumstances admit. The registrar may also in the prescribed manner register any fee 'farm grant, or other grant, reserving rents or services to which the fee simple estate in any freehold land about to be registered or registered may be subject, with such particulars of the land or services, and the conditions annexed to the non- payment Or non-performance or otherwise of . such rent and services as may be prescribed, and any record so made shall be conclusivb evidence as to the rents, services, and conditions so recorded, and such fee simple estate as last aforesaid shall be subject thereto accordingly. General Provisions. Enact- 83. The following enactments shall be made with respect Tegtoa- '" t° registration of title : tion. (1) There shall not be entered on the register or be receivable by the registrar, any notice of any trust, implied, express, or constructive ; and (2) No person shall be registered as proprietor of anj' un- Digitized by Microsoft® APPENDIX. 143 divided share in any land or charge, and a number of persons exceeding the prescribed number shall not be registered as proprietors of the same land or charge ; and if the number of persons showing title exceeds such prescribed number, such of them not exceeding the prescribed number as may be agreed upon, or as the registrar may in case of difference decide, shall be registered as proprietors ; and (3) Upon the occasion of the registry of two or more persons as proprietors of the same land or of the same charge, an entry may, with their consent, be made on the register, to the effect that when the number of such proprietors is reduced below a certain specified number, no registered disposition of such land or charge shall be made, except under the order of the court ; and (4) Where land is registered in the names of husband and wife as co-proprietors, no registered disposition of such land shall take place until the wife, if alive, has been examined in the prescribed manner and has assented to such disposition after full explanation of her rights in the land and of the effect of the pro- posed disposition ; and (5) Registered land shall be described in such manner as the registrar thinks best calculated to secure accu- racy, but such description shall not be conclusive as to the boundaries or extent of the registered land; and (6) No alteration shall be made in the registered descrip- tion of land, except under the order of the court or by way of explanation ; but this provision shall not be construed to extend to registered dealings with registered land in separate parcels by the registered description, although such land was originally regis- tered as one estate ; and (7) Previously to registering any proposed purchaser as first proprietor of any land or to registering any disposition of land, it shall be the duty of the registrar to ascertain that all such stamp duties have been satisfied as would be payable if the land had been conveyed by an unregistered disposition to such proposed purchaser, or the disposition to be registered had been an unregistered disposition Digitized by Microsoft® 1'44 APPENDIX. (8) The provisions of this Act with respect to the liability of registered land to succession duty and to the grant of a certificate by the Commissioners of Inland Revenue in respect of the exemption from succession duty, and to the notification of such exemption on the register, and to the effect of such notification, shall apply with the necessary variations to a registered charge under this Act. Annexa- 84. Where any land is about to be registered, or any regis- tion of con- tered land is about to be transferred to a purchaser for valuable ditions to -ji-i •! registered Consideration, there may be registered as annexed thereto, land. subject to general rules and in the prescribed manner, a condi- tion that such land or any specified portion thereof is not to be built on, or is to be or not to be used in a particular manner, or any other condition running with or capable of being legally annexed to land, and the first proprietor and every transferee, and every other person deriving title from him, shall be deemed to be affected with notice of such condition ; nevertheless, any such condition may be modified or discharged by order of the court, on proof to the satisfaction of the court that such modi- fication will be beneficial to the persons principally interested in the enforcement of such condition. Registered QQ^ All the provisions of the Trustee Act, 1850, and of any within the -^^^ amending the same, shall apply to land and charges regis- Trustee , tered under this Act, but this enactment shall not prejudice Act, 1850. ^jjg applicability to such land and charges of any provisions of such Acts relating to land or choses in action. Indemnity gg_ The registrar shall not, nor shall the assistant registrar eistrar ^^^ ^^^ person acting under his authority, or under any order or general rule made in pursuance of this Act, be liable to any action, suit, or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of the powers of this Act, or any order or general rule made in pursuance of this Act. As to Married Women. Provision ' 87. Where a married woman, entitled for her separate use, '*'' '". , and not restrained from anticipation, is desirous of giving any women. consent, or becoming party to any proceeding under this Act, she shall be deemed to be an unmarried woman, but when any Digitized by Microsoft® APPENDIX. 145 other married woman is desirous of giving any consent, or becoming party to any proceeding under this Act, she shall be examined in the prescribed manner, and it shall be ascertained that she is acting freely and voluntarily, and the court may, where it sees fit, appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, and m.ay from time to time remove or change such next friend. As to Infants and Lunatics. 88. Where any person who (if not under disability) might Provision have made any application, given any consent, done any act, or ^Ls'^.r. been party to any proceeding in relation to any land or charge under dis- under this Act, is an infant, idiot, or lunatic, the guardian or **'il'*y- committee of the estate respectively of such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such person respectively, if free from disability, might have made, given, done, or been paxty to, and shall otherwise represent such person for the purposes of this Act ; where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot, or lunatic, or where any person is of unsound mind or incapable of managing his affairs, but has not been found lunatic under an inquisition, it shall be lawful for the court to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian. As to Notices. 89. Every person whose name is entered on the register as Address of proprietor of land or of a charge, or as cautioner, or as entitled ^^'^i™j^j.°° to receive any notice, or in any other character, shall furnish to the registrar a place of address in the United Kingdom. 90. Every notice by this Act required to be given to any Service of , person shall be served personally, or sent through the post in ""'x^^^- a registered letter marked outside " Office of Land Eegistry," and directed to such person at the address furnished to the registrar, and unless returned, shall be deemed to have been received by the person addressed within such period, not less than seven days, exclusive of the day of posting, as may be prescribed. Digitized by Microsoft® 146 APPENDIX. Return of 91. Her Majesty's Postmaster- General shall give directions Bost-office ^'^^ *^^ immediate return to the registrar of all letters marked as aforesaid, and addressed to any person who cannot be found, and on the return of any letter containing any notice, the registrar shall act in the matter requiring such notice to be given in manner prescribed. Purchasers 92. A purchaser for valuable consideration shall not be not affected effected by the omission to send any notice by this Act directed by omission , . ■■ , to send to be given, or by the non-receipt thereof. notices. Power of court in suit for specific perform- ance. Specific Performance. 93, Where a suit is instituted for the specific performance of a contract relating to registered land, or a registered charge, the court having cognizance of such may by summons, or by such other mode as it deems expedient, cause all or any parties who have registered estates or rights in such land or charge, or have entered up notices, cautions, or inhibitions against the same, to appear in such suit, and show cause why such contract should not be specifically performed, and the court may direct that any order made by the court in such suit shall be binding on such parties or any of them. Cost in suit 94. All costs incurred by any parties so appearing in a suit Berfem'- ° *" enforce against a vendor specific performance of his contract ance. to sell registered land or a registered charge shall be taxed as between solicitor and client, and unless the court otherwise orders, be paid by such vendor. Establish- ment of adverse title to land. Bectification of the Register. 95. Subject to any estates or rights acquired by registration in pursuance of this Act, where any court of competent juris- diction has decided that any person is entitled to any estate, right, or interest in or to any registered land or charge, and as a consequence of such decision such court is of opinion that a rectification of the register is required, such court may make an order directing the register to be rectified in such manner as it thinks just. Eegister to 96, Subject to any estates or rights acquired by registra- be rectified tion in pursuance of this Act, if any person is aggrieved by of court ^^7 CJi^'^'y niade or by the omission of any entry from the- Digitized by Microsoft® APPENDIX. 147 register under this Act, or if default is made, or unnecessary delay takes place in making any entry' in the register, any person aggrieved by such entry, omission, default, or delay may apply to the court in the prescribed manner for an order that the register may be rectified, and the court may either refuse such application with or without costs, to be paid by the applicant, or it may, if satisfied of the justice of the case, make an order for the rectification of the register. 97. The registrar shall obey the order of any competent Registrar court in relation to any registered land on being served with to<'''«y such order or an ofiBcial copy thereof. court. As to Fraud. 98. Subject to the provisions in this Act contained with Fraudulent respect to registered dispositions for valuable consideration, ^isposi- any disposition of land or of a charge on land which if unregistered would be fraudulent and void, shall, notwith- standing registration, be fraudulent and void in like manner. 99. If in the course of any proceedings before the registrar Supprcs- or the court in pursuance of this Act any person concerned in ^}°'\''^ such proceedings as principal or agent, with intent to conceal evidence, the title or claim of any person, or to substantiate a false claim, suppresses, attempts to suppress, or is privy to the suppression of any document or of any fact, the person so suppressing, attempting to suppress, or privy to suppression, shall be guilty of a misdemeanor, and upon conviction on indictment shall be liable to be imprisoned for a term not exceeding two years, with or without hard labour, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award. 100. If any person fraudulently procures, attempts to Certain fraudulently procure, or is privy to the fraudulent procurement fraudulent of any entry on the register, or of any erasure from the register ciared to or alteration of the register, such person shall be guilty of a be misde- misdemeanor, and upon conviction on indictment be liable to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award; and any entry, erasure, or alteration so made by fraud, shall be void as between all parties or privies to such fraud. Digitized by Microsoft® 148 APPENDIX. Falsedecla- 101, If ^T^J person in any affidavit or declaration required rations. ^^ authorised to be made for any purpose under this Act, or any order or general rules made in pursuance thereof, wilfully makes a false statement in any material particular, he shall be guilty of a misdemeanor, and upon conviction on indictment shall be liable to imprisonment, with or without hard labour, for any term not exceeding two years, or to be fined such sum not exceeding five hundred pounds as the court before which he is tried may award. Saving of 102, No proceeding or conviction for any act declared by '^"'^ , this Act to be a misdemeanor shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity. Saving of obligation to make discovery. 103, Nothing in this Act contained shall entitle any person to refuse to make a complete discovery by answer in any legal proceeding, or to answer any question or interrogatory in any civil proceeding, in any court of law or eqaity, or in the courts of bankruptcy ; but no answer to any such bill, question, or interrogatory shall be admissible in evidence against such person in any criminal proceeding under this Act. Inspection of docu- ments. Inspection of Register. 104. Subject to such regulations and exceptions and to the payment of such sums as may be fixed by general rules, any person registered as proprietor of any land or charge, and any person authorised by any such proprietor, or by an order of the court, or by general rule, but no other person, may inspect and make copies of and extracts from any register or document in the custody of the registrar relating to such land or charge. Saving Clause. 105, Nothing in this Act contained shall affect any right Saving to*escheat °^ ^^^ Majesty to any escheat or forfeiture Digitized by Microsoft® APPENDIX. 149 PART V. Part V. Admistra- Administeation of Law and Miscellaneous. UmofLaw and Mis- (1.) Office of Land, Registry. 106. There shall be an office in London to be called the Office of Office of Land Registry, the business of which shall be con- ^°d i-e- dncted by a registrar to be appointed by the Lord Chancellor, appoin't- with such number of officers (namely, assistant registrars, ™^"t ^^^ clerks, messengers, and servants,) as the Lord Chancellor, ogf^rs" with the concurrence of the Commissioners of Her Majesty's Treasury as to number, may from time to time appoint. A person shall not be qualified to be appointed registrar unless he is a barrister of not less than ten years standing, and a person shall not be qualified to be appointed an assistant registrar unless he is either a barrister or solicitor or certificated conveyancer of not less than five years standing. The registrar, assistant registrars, clerks, messengers, and servants shall receive such salaries or remuneration as the Commissioners of Her Majesty's Treasury may from time to time direct. The salaries of the registrar, assistant registrar, clerks, messengers, and servants, and such incidental expenses of carrying this Act into effect as may be sanctioned by the Commissioners of Her Majesty's Treasury, shall be paid out of moneys provided by Parliament. The Lord Chancellor may from time to time make regula- tions for the office of land registry, and for assigning the duties to the respective officers, and determining the acts of the registrar which may be done by the assistant registrar, and may from time to time revoke and alter any such regulations, and make new regulations. All such regulations for the time being in force shall have effect as if they were enacted in this Act. 107. There shall be a seal for the office of land registry. Seal of office of 108. Subject to the provisions of this Act, the registrar l^nd re- shall conduct the whole business of registering land under this ^'^ ^^' Act ; he shall frame and cause to be printed and circulated or j.^ frame ' otherwise promulgated such forms and directions as he may and pro- Digitized by Microsoft® 150 APPENDIX. mulgate deem requisite or expedient for facilitating proceedings under ^o™^- this Act. Power of 109. The registrar or any officer of the registry office summo" ° authorised hy him in writing may administer an oath or take a witnesses, voluntary declaration in pursuance of the Acts in that behalf for any of the purposes of this Act, and the registrar may,- by summons under the seal of the office, require the attendance of aU such persons as he may think fit in relation to the registra- tion of any title ; he may also, by a like summons, require any person having the custody of any map, survey, or book made or kept in pursuance of any Act of Parliament to produce such map, survey, or book for his inspection ; he may examine upon oath any person appearing before him and administer an oath accordingly ; and he may allow to every person summoned by him the reasonable charges of his attendance. Any charges allowed by the registrar in pursuance of this section shall be deemed to be charges incurred in or about proceedings for registration of land, and may be dealt with accordingly. Non-at- 110, If any person, after the delivery to him of such tendance or summons as aforesaid, or of a copy thereof, wilfully neglects or answer refuses to attend in pursuance of such summons, or to produce questions. gQcJi maps, surveys, books, or other documents as he may be required to produce under the provisions of this Act, or to answer upon oath or otherwise such questions as may be law- fully put to him by the registrar under the powers of this Act, he shall incur a penalty not exceeding twenty pounds, to be recovered on summary conviction ; provided that no person shall be required to attend in obedience to any summons or to produce such documents as aforesaid unless the reasonable charges of his attendance and of the production of such docu- ments be paid or tendered to him. Power of 111, Subject to the provisions of this Act, the Lord Chan- Lord Chan- cellor may, with the advice and assistance of the registrar, from jjj^jjg time to time make, and when made may rescind, annul, or add general to, general rules in respect of all or any of the following ^" ^" matters ; that is to say, (1) The mode in which the register is to be made and kept ; and (2) The forms to be observed, the precautions to be taken, Digitized by Microsoft® APPENDIX. 151 the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings before the registrar or in connexion with registration, and in particular with respect to the reference to a conveyancing counsel of the Court of Chancery of any title to land proposed to be registered with an absolute title ; and (3) The custody of any instruments from time to time coming into ^the hands of the registrar, with power to direct the destruction of any such instruments where they have become altogether superseded by entries in the register, or have ceased to have any effect : (4) The costs to be charged by solicitors or certificated conveyancers in or incidental to or consequential on , the registration of land, or any other matter required to be done for the purpose of carrying this Act into execution, with power to require such costs to be payable by commission, per-centage, or otherwise, and to bear a certain proportion to the value of the land registered, or to be determined on such other principle as may be thought expedient ; and (5) The taxation of such costs and the persons by whom such costs are to be paid ; and (6) Any matter by this Act directed or authorised to be prescribed; and (7) Any other matter or thing, whether similar or not to those above mentioned, in respect of which it may be expedient to make rules for the purpose of carrying this Act into execution : Any rules made in pursuance of this section shall be ■deemed to be within the powers conferred by this Act, and shall be of the same force as if enacted in this Act, and shall be judicially noticed. Any rules made in pursuance of this section shall be laid before both Houses of Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament. 112. The Lord Chancellor may from time to time, with Principles the concurrence of the Commissioners of the Treasury, make, f^gg^etej^. mined. Digitized by Microsoft® 152 APPENDIX. and when made revoke, alter, or add to rules witli respect to the amount of fees payable under this Act, regard being had to the following matters : (1) In the case of the registration of land or of any transfer of land on the occasion of a sale, — to the value of the land as determined by the amount of purchase money; and (2) In the case of the registration of land, or of any transfer of land not upon a sale, — to the value of the land, to be ascertained in such manner as may be prescribed; and (3) In the case of registration of a charge or of any transfer of a charge, — to the amount of such charge. Mode of 113. The following rules shall be observed with respect to taking fees, ^j^g fggg payable in pursuance of this Act : (1) The fees shall, except so far as the Lord Chancellor, with the concurrence of the Commissioners of Her Majesty's Treasury, may from time to time other- wise direct, be taken by stamps ; and if not taken by stamps, shall be taken, applied, accounted for, and paid over in such manner as may be directed by the Commissioners of Her Majesty's Treasury with the concurrence of the Lord Chancellor ; and (2) Such stamps shall be impressed or adhesive, as the Com- missioners of Her Majesty's Treasury from time to time direct ; and (3) The Commissioners of Her Majesty's Treasury, with the concurrence of the Lord Chancellor, may from time to time make such rules as may seem fit for regulating the use of such stamps, and for insuring the proper cancellation of stamps, and for keeping accounts of such stamps ; and (4) The Commissioners of Inland Revenue shall keep a separate account of all money received in respect of stamps under this Act, and subject to the deduction of any expenses incurred by those Commissioners in the execution of this Act, the money so received shall, under the direction of the Commissioners of Her Majesty's Treasury, be carried to and form part of the Consolidated Fund : (5) Any person who forges or counterfeits any such stamp. Digitized by Microsoft® APPENDIX. 153 or uses any such stamp, knowing the same to be forged or counterfeit, or to have been previously cancelled or used, shall be guilty of forgery, and be liable on conviction to penal servitude for a term not exceeding seven years, or to imprisonment, with or without hard labour, for a term not exceeding two years. Description and Powers of the Court. 114. I^or the purposes of this Act, " the court " shall mean " The the Court of Chancery or the county court, according as the one "°"^' '" , mean, ac- or other of such courts may be prescribed by the general rules cording to made for carrying into effect this Act. circum- The county court shall, in cases where it has jurisdiction (jom-^Jf under this Act, have, for all the purposes of such jurisdiction, Chanceiy all the powers of the Court of Chancery. couH "'''^ Any jurisdiction of the Court of Chancery or County Court under this Act may be exercised by any judge of the said court, whether sitting in open court or in chambers. 115. The Lord Chancellor may from time to time assign LordChan- the duties vested in the Court of Chancery in relation to ''^'l'"" ™*y matters under this Act to any particular judge or judges of duties as to that court. registry to particular 116. Any person aggrieved by any order of a judge of a J^^S"^- county court may, within the prescribed time and in the {^^^ prescribed manner, appeal to the Court of Chancery. county The court on hearing such appeal may give judgment '^°°'^'' affirming, reversing, or modifying the order appealed from, and may finally decide thereon, and make suchj order as to costs in the court below and of the appeal as may be agreeable to justice ; and if the court alter or modify the order, such order so altered or modified shall be of the like ejfect as if it were the order of the county court. The Court of Chancery may also, in cases where the court thinks it expedient so to do, instead of making a final order, remit the case, with such directions as the court may think fit, to the court below. 117. Any person aggrieved by an order made under this Appeal Act by the Court of Chancery otherwise than on appeal from of°nh a county court, may appeal within the prescribed time, in the eery. Digitized by Microsoft® 154 APPENDIX. same manner and witli the same incidents in and with ■which orders made by the Court of Chancery on cases within the ordinary jurisdiction of such court may be appealed from. As to District Registries. Power to |j^g_ The Lord Chancellor, with the concurrence of the triot re- Commissioners of Her Majesty's Treasury, shall have power gistries by by general orders from time to time to do all or any of the TiZ! following things: _ . . _ (1) To create district registries for the purposes of registra- tion of land within the defined districts respectively, and to alter any districts which shall have been so created ; and (2) To direct, by notice to be published in the " London Gazette," when (upon or after the commencement of this Act) registration of land is to commence in any district, and the place at which lands are to be registered ; and (3) To commence registration of land in any one or more district or districts, pursuant to any such notice; and (4) To appoint district registrars, assistant district regis- trars, clerks, messengers, and servants to perform the business of registration in any district which may from time to time be created a district for registration under this Act. The Lord Chancellor may, with the like concurrence, from time to time make, rescind, alter, or add to any order made in pursuance of this section. Qualifica- UQ, A person shall not be qualified to be appointed district district and registrar under this Act unless he is a barrister or solicitor or assistant certificated conveyancer of not less than ten years standing, district re- ^^^j ^ person shall not be qualified to be appointed an assistant district registrar under this Act unless he is either a barrister or solicitor or certificated conveyancer of not less than five years standing. A district registrar or assistant district registrar may, with the assent of the Lord Chancellor, follow another calling. Seal for 120. A seal shall be prepared for each district registry district office, and any instrument pui'porting to be sealed with such Digitized by Microsoft® APPENDIX. 155 seal shall he admissible in evidence, and if a copy, the same shall be admissible in like manner as the original. 121. Subject to general rules each district registrar and Powers of assistant district registrar shall, as regards the land within district re- his jurisdiction, have the same powers and indemnity as are f'^plah^'^ herein given to the registrar and assistant registrar in the from him. •office of land registry, and there shall be the same appeal as in the case of the registrar ; and any orders made by a district registrar or assistant district registrar may in like manner be made orders of and be enforced by the court : Provided always, that the Lord Chancellor may, by general rules, make provision for the duties of district registrar, as regards all or any of the proceedings preliminary to first registration, or as regards any matters which the district registrar has to determine, or any other matters, being performed by the registrar or assistant registrar in the office of land registry, and for any district registrar, in any cases obtaining directions from or acting with the sanction of such registrar or assistant registrar; and any such orders may from time to time be rescinded, altered, or annulled by the Lord Chancellor, and all orders made in pur- suance of this section shall be of the same force as if inserted in this Act, and shall be judicially noticed. 122. The general orders, rules, forms, directions, and fees Applioa- for the time being applying to and payable in the office of land *'™ ° , registry shall also apply to and be payable in all the district orders, &c., registries, subject to any alteration or addition for the time *'"^'^*""''^' being made for any district by the Lord Chancellor, with the concurrence of the Commissioners of Her Majesty's Treasury, as to fees. (2.) Temporary Provisions. 123. The registrar, assistant registrar, examiners of title, Transfer of clerks, messengers, and servants at the time of the commence- e'^isting sfiflfF to ment of this Act attached to the office of land registry, shall ^^^ reds- from and after the commencement of this Act be attached to try office. the office of land registry as constituted by this Act. The registrar and other officers and persons so attached shall have the same relative rank, such rank being in the case of the assistant registrar above the rank of any other assistant registrar or any district registrar who may be appointed in pursuance of Digitized by Microsoft® 156 APPENDIX. this Act, and hold their offices by the same tenure and upon the same terms and conditions, and receive the same salaries, and, if entitled to pensions or superannuation allowances, be entitled to the same pensions or superannuation allowances as if this Act had not passed; and their service under this Act shall, as regards their claim to pension or superannuation allowance, be deemed a continuance of their former service, but in the event of any such officer being appointed to a new office in pursuance of this Act, service under the Land Registry Act, 1862, shall be deemed to be service under this Act for the purposes of entitling such last-mentioned officer to salary, superannuation, compensation, gratuity, or other allowances under the Superannuation Acts. The messengers and servants of the office of land registry shall, during the tenure of office by the existing registrar, be appointed and removed by him. The Lord Chancellor may, by rules, distribute the business to be performed in the office of land registry as constituted under this Act amongst the several officers attached thereto by this section, in such manner as he may think just ; and such officers shall perform such duties in relation to such business as may be directed by such rules, with this qualification, that the duties required to be performed by any officer shall be the same as or duties analogous to those which he performed previously to the passing of this Act. The officers so attached as aforesaid, and their successors in office, shall for all the purposes of the Land Registry Act, 1862, so far as it will remain in operation after the passing of this Act, and for all the purposes of the Improvement of Land Act, 1864, and of the Mortgage Debenture Act, 1865, be deemed to be officers acting under the Land Registry Act, 1862, and having to discharge the duties belonging to officers acting under such Act. Transfer of 124. All books, documents, and papers in the possession of bookstand ^^le office of land registry as constituted before the passing of this Act, or of any person attached to or performing any ministerial duty in aid of such office, shall be dealt with in such manner as the Lord Chancellor may by order direct, and any person failing to comply with any order of the Lord Chancellor made for the purpose of giving effect to this section, shall be punished in the same manner as if he had been guilty of a contempt of the Court of Chancery. Digitized by Microsoft® APPENDIX. 157 125- From and after the commencement of this Act, appli- Registra- cation for the registration of an estate under the Land Registry ^™ n 86^2 Act of 1862 shall not be entertained. tocease,&c. 126. From and after the commencement of this Act, the Possible Lord Chancellor may, by order, provide for the registration of"es\^tes'^ under this Act, without cost to the parties interested, of all already titles registered under the Land Registry Act, 1862, and care I'^g'stered shall be taken in such order to protect any rights acquired in Act of pursuance of registry under such last-mentioned Act, and any 18^2. order so made by the Lord Chancellor shall have the same efiect as if it were enacted in this Act ; nevertheless it shall not be obligatory on any person interested in an estate registered under the said Land Registry Act, 1862, to cause such estate to be registered under this Act, and until such estate is regis- tered under this Act, the Act of 1862 shall apply thereto in the same manner as if this Act had not passed. Local Registries. 127. Any land situate within the jurisdiction of any of the Land re- following local registries ; that is to say, unde^Act (1) The registry for the county of Middlesex ; or to be ex- (2) The registry for the West Riding of Yorkshire; or ™P^'^* .^_ (3) The registry for the North Riding of Yorkshire ; or try of (4) The registry for the Bast Riding of Yorkshire and the deeds. town and county of the town of Kingston-upon-HuU ; shall, if registered under this Act, from and after the date of the registration thereof, be exempt from such jurisdiction ; and no document relating to any such registered land executed and no testamentary instrument relating to any such registered land coming into operation subsequently to such date as last aforesaid shall be required to be registered in any of the said local registries. 128. If any person who is at the commencement of this Act Compeusa- a registrar of or an officer in any of the said local registries, g)^" ° f sufEers any loss of fees or emoluments by reason of the business local regis- in such registry being diminished in consequence of this Act, *"" °^ he may petition the Commissioners of Her Majesty's Treasury for compensation, and the Commissioners of Her Majesty's Treasury shall inquire whether any, and if any, what compensa- tion ought to be made to the petitioner, regard being had to Digitized by Microsoft® 158 APPENDIX. the conditions on whicli his appointment was made, the nature of his office, the duration of his service, the character of his fees or emoluments, and all the circumstances of the case. The petitioner shall render to the Commissioners of Her Majesty's Treasury such account of the fees and emoluments received by him during any period not exceeding five years before the passing of this Act, and during such period before the date of his petition, and give such information as the Commissioners of Her Majesty's Treasury may require for the purpose of enabling them to ascertain whether the petitioner has suffered the loss alleged by him, and whether any, and if any, what compensation ought to be made to him. If the Commissioners of Her Majesty's Treasury think that the claim of the petitioner to compensation is established, they may award to him, out of moneys to be provided by Parliament, such compensation, by annuity or otherwise, as under the cir- cumstances of the case they think just and reasonable. Repeal. Kepeal of 129. The seventh section of the Vendor and Purchaser Act, 37 & 38 1874, is hereby repealed, as from the date at which it came g 7/ ' 'into operation, except as to any thing ' duly done thereunder before the commencement of this Act. Digitized by Microsoft® ( 159 ) THE LAND TEANSFER BILL, 1895. A Bill intituled an Act to simplify Titles and facilitate the Transfer of Land in England. Be it enacted by the Qaeen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Compulsory Registration. 1, — (1) Her Majesty the Queen may, by Order in Council, Power to declare, as respects any district defined in the Order, that, on ^e**!™-^ - and after a day specified in the Order, registration of title to tion of title land is to be compulsory on sale, and thereupon a person shall "^ ^*'^- not, under any conveyance on sale executed on or after the day so specified, acquire the legal estate in any freehold land in the district so defined unless or until he is registered as proprietor of the land. (2) In this section the expression "conveyance on sale" means an instrument executed on sale by virtue whereof there is conferred or completed, a title under which an application for registration as first proprietor of land may be made under the Land Transfer Act, 1875. (3) The title with which a proprietor of freehold land is 38 & 39 registered in pursuance of this section shall be not less than a ^"''- "' ^^" possessory title ; but nothing in this section shall prevent any person from being forthwith registered with any other title if the registrar is satisfied of his title. (4) It shall be lawful for Her Majesty in Council to revoke or vary any Order made under this section. Insurance Fund and Compensation. 2. — (1) For the purpose of providing compensation payable Insurance under this Act, there shall be established, in accordance with ™°".i°'^ Digitized by Microsoft® 160 APPENDIX. compensa- the scheme in the Schedule to this Act, an insurance fund, to tion. ^g raised out of insurance fees payable on registered transac- tions relating to land. (2) The insurance fund shall be invested in such names and manner as the Treasury from time to time direct. (3) If the insurance fund is at any time insufficient to pay compensation for any loss chargeable thereon, the deficiency shall be charged on and paid out of the Consolidated Fund of the United Kingdom, or the growing produce thereof ; but any sum so paid out of the Consolidated Fund, or the growing produce thereof, shall be repaid out of the money subsequently standing to the credit of the insurance fund. (4) Accounts of the fund shall be kept, and be audited as public accounts, in accordance with such regulations as the Treasury from time to time make. Eight to 3. — (1) Where any error or omission is made in the register, compensa- qj. -vp-here any entry in the register is made or procured by fraud certain "" °^ mistake, and the error, omission, or entry is not capable of cases. rectification under the Land Transfer Act, 1875, any person 38 & 39 suffering loss thereby shall be entitled to compensation in ict. c. 87. accordance with this Act. (2) Provided that the registrar may, subject to an appeal to the court, if it seems just under the special circumstances of the case, order that any land be restored to the person deprived thereof by any such error, omission, or entry, and that compensation be paid to the registered proprietor of the land. (3) A person shall not be entitled under this section to compensation for any loss where he has caused or substantially contributed to the loss by any act, neglect, or default of himself or his agent. (4) The compensation paid in respect of land or a charge on land shall not exceed the capital value of the land or charge as last ascertained for the purpose of the insurance fee. (5) The registrar may, subject to an appeal to the court, determine whether a right to compensation has arisen under this section, and, if so, award compensation. (6) Where compensation 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 con- tributed to the loss by any act, neglect, or default of himself or his agent. Digitized by Microsoft® APPENDIX. 161 (7) A claim for compensation shall not be entertained after the expiration of six years from the time when the right to compensation accrued. Settled Land. 4.— (1) A person being tenant for life of, or having the Settled powers of tenant for life over, settled land may be registered as I''""'- proprietor of the land, subject to the following restrictions :— (a.) That all money paid on any transfer or charge be, until further order, paid either to the trustees of the settlement (naming them), or as they may direct, or into court : (6.) That except where the sale thereof is permitted by the settlement the principal mansion house (if any) within the meaning of section ten of the Settled Land Act, 1890, and the pleasure grounds and park 53 & 54 and lands (if any) usually occupied therewith (which Vict. c. 69. house and lands shall be distinguished by reference to a map), shall not, until further order, be trans- ferred by the registered proprietor without the consent of the trustees of the settlement (naming them) or an order of the court. (2) A person so registered shall be described in the register as a limited proprietor. (3) Where the trustees of a settlement have a power of sale over settled land, they may, with the consent of the tenant for life, be registered as proprietors of the land. (4) Subject to the maintenance of the right of the registered proprietor to deal by registered disposition with any land whereof he is registered as proprietor, the estates, rights, and interests of the persons for the time being entitled under any settlement comprising the land shall be unaffected by the registration of that proprietor. (5) A person in a fiduciary position may apply for, or concur in, or assent to any registration authorised by this section, and, if he is a registered proprietor, may execute an instrument of transfer or charge in the prescribed form in favour of any person whose registration is so authorised. (6) Nothing in this section shall authorise the entry on the register of any reference to or notice of a settlement. (7) In this section the expressions " tenant for life," M Digitized by Microsoft® 162 APPENDIX. " settled land," '' settlement," and " trustees of the settlement," have the same meaning as in the Settled Land Acts, 1882 to 1890. Transmission on Death. Transmis- 5. On the death of a sole registered proprietor or of the sion of survivor of several registered proprietors of land, the personal registered . » i i ■ , ■ i n i land. representatives or the sole proprietor, or survivor, shall alone be recognised by the registrar as having any right in respect of the land, and shall have the same powers of dealing with the land, and any registered dispositions by them shall have the same effect as if they were the registered proprietors of the land. » Provided that where land of which a person is registered as limited proprietor passes to another person on the determina- tion of the estate of that proprietor, the person to whom the land so passes may be entered in the register as proprietor of the land, and the registrar, on his application or on that of the trustees of the settlement, if any, shall register him as proprietor accordingly. Devolution 6. — (1-) Where real estate is vested in any person without "V^^"! ■ ^^S^^ °^ survivorship to any other person, it shall, on his death,, real estate notwithstanding any testamentary disposition, devolve to and on death, become vested in his personal representatives or representative from time to time as if it were a chattel real vesting in them or him. (2) This section shall apply to any real estate over which a person executes by will a general power of appointment, as if it were real estate vested in him. (3) Probate and letters of administration may be granted in respect of real estate only, although there is no personal estate. 44 & 45 (4) Section thirty of the Conveyancing and Law of Pro- Tv"! 58*^' P®^*y ^^^' l^^lj ^^^ section eighty-eight of the Copyhold Act,. Vict. c. 46. ]894, are hereby repealed without prejudice to anything done or any right acquired thereunder. (5) This section applies only in cases of death after the- commencement of this Act. Provisions 7. — (1) Subject to the powers, rights, duties, and liabilities- as to admi- hereinafter mentioned, the personal representatives of a de- nistration. Digitized by Microsoft® APPENDIX. 163 ceased person stall hold, the real estate as trustees for the persons by law beneficially entitled thereto, and those persons shall have the same power of req airing a transfer of real estate as they have of requiring a transfer of personal estate. (2) All enactments and rules of law relating to the eifeot of probate or letters of administration as respects chattels real, and as respects the dealing with chattels real before probate or administration, and as respects the payment of costs of adminis- tration and other matters in relation to the administration of personal estate, and the powers, rights, duties, and liabilities of personal representatives in respect of personal estate, shall apply to real estate so far as the same are applicable, as if that real estate were a chattel real vesting in them or him, save that it shall not be lawful for some or one only of several joint personal representatives, without the authority of the court, to sell or transfer real estate. (3) In the administration of the assets of a person dying after the comnaencement of this Act, his real estate shall be administered in the same manner, subject to the same liabilities for debt, costs, and expenses, and with the same incidents as if it were personal estate ; provided that nothing herein contained shall alter or affect the order in which real and personal assets respectively are now applicable in or towards the payment of funeral and testamentary expenses, debts, or legacies. 8, — (1) At any time after the death of the owner of any Provision land, his personal representatives may assent to any devise {"'^ traos- ..,.,. .,, ji 1 1 j_ fcr to hen- contained in his will, or may convey the land to any person ^j. devisee. entitled thereto as heir, devisee, or otherwise, and may make the assent or conveyance, either subject to a charge for the payment of any money which the personal representatives are liable to pay, or without any such charge ; and on such assent or conveyance, subject to a charge for all moneys (if any) which the personal representatives are liable to pay, all liabilities of the personal representatives in respect of the land shall cease, except as to any acts done or contracts entered into by them before such assent or conveyance. (2) At any time after the expiration of one year from the death of the owner of any land, if his personal representatives have failed on the request of the person entitled to the land to convey the land to that person, the court may, if it thinks fit, on the application of that person, and after notice to the Digitized by Microsoft® 164 APPENDIX. personal representatives, order that the conveyance be made, or, in the case of registered land, that the person so entitled be registered as proprietor of the land, either solely or jointly with the personal representatives. (3) Where the personal representatives of a deceased person are registered as proprietors of land on his death a fee shall not be chargeable on any transfer of the land by them unless the transfer is for valuable consideration. (4) The production of an assent by the personal representa- tives in the prescribed form shall authorize the registrar to register the person named in the assent as proprietor of the land. Provision 9, — (1) Where any real estate passing to the personal repre- as to copy- ggntatives of a deceased person is of copyhold tenure requiring admittance — (a) The personal representatives shall not, as such, be com- pellable to be admitted thereto except in the cases and at the time in which the heir of that person would but for this Act have been so compellable : (6) On the admittance of the personal representatives as such a greater fine shall not be payable than would, but for this Act, have been payable on the admittance of the heir : (c) The personal representatives may at any time before they have been admitted, by writing under their hands, require the lord of the manor to admit the persons beneficially entitled to the whole or any part of that real estate, and thereupon the lord shall admit those persons on payment of the fine payable on their admittance only, and no fine shall be payable in respect of the right to admittance having vested in the personal representatives : (d) Where the personal representatives have been admitted as such and surrender to the persons beneficially entitled under the will or on the intestacy of the deceased person, no fine shall be payable on the admittance of those persons on that surrender : (e) The personal representatives of a deceased person shall have the same right of dealing with the land before admittance, as, but for this Act, the customary heir of the deceased person would have had. Digitized by Microsoft® APPENDIX. 165 (2) The foregoing provisions of this section shall apply only in cases of death after the commencement of this Act. (3) Where any land of copyhold tenure has before the commencement of this Act devolved on the customary heir or the devisee of a deceased person in whom the same was vested on trust by way of mortgage, and that heir or devisee has not been admitted before tbe commencement of this Act, the right and duty to be admitted shall vest in the legal personal repre- sentatives of that deceased person. (4) For the purposes of this Act customary freehold, in any case in which an admission or any act by the lord of the manor is- necessary to perfect the title of a purchase from the customary tenant, shall be deemed to be land of copyhold and not of freehold tenure. 10. — (1) The personal representatives of a deceased person Appropria- may, with the consent of the person entitled to any legacy jj^^^ jj, given by the deceased person or to a share in his residuary satisfaction estate, or, if the person entitled is a lunatic or an infant, with ^^. ^jf^^^.g j^ the consent of his committee, trustee, or guardian, appropriate estate. any part of the residuary estate of the deceased in or towards satisfaction of that legacy or share, and may for that purpose value in accordance with tbe prescribed provisions the wbole or any part of the property of the deceased person in such manner as they think fit. Provided that before any such appropriation is effectual, notice of such intended appropriation shall be given to all persons interested in the residuary estate, any of whom may thereupon within the prescribed time apply to the court, and such valuation and appropriation shall be conclusive save as otherwise directed by the court. (2) Where any property is so appropriated a conveyance thereof by the personal representatives to the person to whom it is appropriated shall not, by reason only that the property so conveyed is accepted by the person to whom it is conveyed in or towards the satisfaction of a legacy or a share in residuary estate, be liable to ad valorem stamp duty as on purchase. 11, Nothing in this Act shall affect any duty payable in Liability ■ respect of real estate or impose on real estate any duty payable '"^ ""*y' in respect of personal estate. Digitized by Microsoft® 166 APPENDIX. Minor Amendments. Provisions 12. — (1) A purchaser of land whereof a proprietor is as to sales, registered shall not require any evidence of title, except— (i.) the evidence to be obtained from an inspection of the register or of a certified copy of, or extract from, the register ; (ii.) a statutory declaration as to the existence, or otherwise, of matters which are declared by section eighteen of 38 & 39 the Land Transfer Act, 1875, not to be incumbrances ; Vict. c. 87. (iii.) if the proprietor of the land is registered with an absolute title, and the sale is subject to the incum- brances entered on the register as subsisting at the first registration, evidence as to the state of those incumbrances ; (iv.) if the proprietor of the land is registered with a possessory title, such evidence of the title subsisting at the first registration of the land as the purchaser would be entitled to if there were no registered proprietor of the land. (2) Where the vendor of land whereof a proprietor is registered is not himself registered as proprietor of the land or of a charge giving a power of sale over the land, he shall, at the request of the purchaser and at his own expense, and not- withstanding any stipulation to the contrary, either register himself as proprietor of the land or of the charge, as the case may be, or procure a transfer from the registered proprietor to the purchaser. Convey- 13. On the registration of any person as first proprietor of auee not to j^nd in pursuance of a contract of sale, the execution of a deed be neces- in \ sary on shall not be necessary, and an entry of the person entitled as first regis- proprietor of the land shall have the same eifect as a conveyance pursuance t° ^^^ ^7 deed for valuable consideration, and (subject to any of contract agreement to the contrary) by a person who conveys and is rSce 44 & expressed to convey as beneficial owner. 45 Vict. 0. y^^ — (Y) On application by the registered proprietor of '.J any land or charge, and on production of the land certificate, certificates. Or office copy lease, or charge certificate, if any, or in sub- stitution for a land certificate, the registrar shall issue to the proprietor a deposit certificate. (2) A deposit certificate shall be under the seal of the Digitized by Microsoft® APPENDIX. 167 office, and may relate to tlie wliole or a part of the land com- prised in a title, and shall contain the same particulars as a land certificate, office copy lease, or certificate of charge in respect of the land or charge to which it relates. (3) As long as a deposit certificate is outstanding, it shall be produced to the registrar on every entry in the register of a dealing by the registered proprietor of the land or charge to "which it relates, and a note of every such entry shall be officially endorsed on the certificate. (4) A deposit certificate, and the endorsements so made, shall be as conclusive as the register itself with reference to the land or charge to which the certificate relates, and the deposit of a deposit certificate shall, for the purpose of giving a security over the land or charge to which it relates, be equivalent to a deposit of the title deeds. (5) So long as a deposit certificate is outstanding no lien 38 & 39 shall be created under section eighty-one of the Land Transfer °' " Act, 1875, on the land to which the deposit certificate relates by the deposit of a land certificate or office copy lease. (6) A note of the issue of a deposit certificate shall be made on the register, and also on the land certificate or office copy lease, or certificate of charge (if any), unless such certificate or office copy is left in the registry whilst the deposit certificate is outstanding. (7) The registrar may, if he think fit, endorse an existing land certificate, or office copy lease, or certificate of charge as a deposit certificate. (8) On delivery up of a deposit certificate the registrar may cancel the same and the notes of its issue. (9) Where the deposit certificate is not produced on the ground that it has been lost or destroyed the registrar, if satisfied of such loss or destruction by statutory declaration and such other evidence (if any) as he may think necessary, and after such notice (if any) has been given as he may think fit to direct, may treat the certificate as cancelled. 15, Where a charge is registered for securing an account Amend- current or future advances or payments, whether with or with- ™ "' f ■' , ' . law as to out present advances, the registered proprietor of the charge registered shall, subject to any entry to the contrary on the register, be charges for entitled, in priority to any subsequent charge, to the payment advances, due to him in respect of the account, advances, or payments up Digitized by Microsoft® 55 & 56 Vict, u. 31. 168 APPENDIX. to the limit, if any, mentioned, in the charge, and if there is no such limit up to the sum covered by the Inland Revenue duty paid on the charge. Amend- Jg. Sections fifty and fifty-one of the Land Transfer Act, &™9 Vict. 1^^^ (which relate to notice of leases), shall apply in the case c. 87. ss. of any such lease or agreement as therein mentioned, whether 50, 51, as ^jj^g lease or aarreement is made before or after the last transfer to notice 01 r. c i i i i leases. or any transfer of the land on the register. Eegistra- 17. — (1) Where a county council apply in pursuance of *'°",? ,^jj section ten of the Small Holdings Act, 1892, for registration ings. as proprietors of land, they may be registered as proprietors of that land, with any such title as is authorised by the Land Transfer Act, 1875. (2) Where a county council, after having been so registered, transfer any such land to a purchaser of a small holding, the purchaser shall be registered as proprietor of the land with an absolute title, subject only to such incumbrances as may be created under the Small Holdings Act, 1892, and in any such case the remedy of any person claiming by title paramount to the county council in respect either of title or incumbrances shall be in damages only, and such damages shall be recoverable against the county council. Titles re- 18, On the registration of any conveyance, disposition, or .gistered transmission (not by way of mortgage) passing an estate in 26 Vict. c. fee simple in land registered under the Land Registry Act, 53. 1862, the title shall, notwithstanding anything in section one hundred and twenty-six of the Land Transfer Act, 1875, be transferred without further fee to the register kept under the last-mentioned Act. Amend 19, The powcr given to the court by section eighty-three of ?8^39 ^^^ Land Transfer Act, 1875, to alter the registered description Vict. u. 87. of land may be exercised by the registrar subject to an appeal s. 83, as to to tiie court. power to alter de- 20, — (1) Provision may be made by general rules under land. section one hundred and eleven of the Land Transfer Act, 1875, Rules and fo^ carrying this Act into effect, and in particular for the orders. following purposes : — (a) For carrying out the provisions of this Act with respect to compulsory z-egistration ; Digitized by Microsoft® APPENDIX. 169 (&) For adapting to the registration of proprietors of lease- hold land the provisions of the Land Transfer Act, 1875, as to absolute and possessory titles, and as to land certificates ; (c) For modifying the provisions of the Land Transfer Act, 1875, as to the registration of proprietors of leasehold land ; and (d) For applying to the grant of leases and dealings with leasehold land, the provisions of this Act with respect to compulsory registration ; and (e) For regulating any sach matters as are authorised by this Act to be prescribed. (2) Provided that nothing in the rules under the said section shall extend to allow the inspection of any entry in the register with respect to land, except by or under the authority of some person interested in the land or charge to which the entry refers. (3) Provision may be made by general orders under section one hundred and eighteen of the Land Transfer Act, 1875, for modifying the provisions of that Act with respect to the forma- tion and constitution of district registries, and for providing the mode in which district registrars are to be remunerated ; but nothing in any such order shall affect the provisions as to qualification contained in section one hundred and nineteen of the Land Transfer Act, 1875. 21, — (1) All hereditaments, corporeal and incorporeal, shall Meaning of be deemed land within the meaning of the Land Transfer Act, 1875, and this Act, except that nothing in this Act shall render compulsory the registration of title to an incorporeal hereditament. (2) In this Act the expression " personal representatives " means an executor or administrator. 22. This Act shall come into operation on the first day of Commence- ment Act. January one thousand eight hundred and ninety-six ™^°' °^ 23. This Act may be cited as the Land Transfer Act, 1895, Short title and shall be construed as one with the Land Transfer Act, g°j!jj"j;°^ 1876, and that Act and this Act may be cited together as the Land Transfer Acts, 1875 and 1895. Digitized by Microsoft® 170 APPENDIX. SCHEDULE. Scheme foe Insurance Fund. 1. For tlie purpose of raising an insurance fund to provide the compensations payable in pursuance of this Act, the follow- ing insurance fees shall be paid, namely : — On first registration with Such fee as may be prescribed, an absolute or qualified not exceeding one farthing title. in the pound on the capital value of the land. On the transfer of regis- Such fee as maybe prescribed, tered land for valuable not exceeding one farthing consideration. in the pound on the capital value of the land. On the creation for valuable '\ consideration of a charge I Such fee as may be prescribed, on registered land. \ not exceeding one farthing On the transfer for valuable j in the pound on the capital consideration of a charge I value of the charge, on registered land. ■' Provided as follows : — (a) Where a transfer for valuable consideration is made within three months after the registration of a proprietor with an absolute or qualified title, no insurance fee shall be payable on the transfer : (6) For the purposes of this schedule a marriage or other family arrangement shall not be deemed a valuable consideration. 2. Any proprietor of land may, on the prescribed conditions, increase the amount of his insurance to correspond with any increase in the value of his land that may take place from time to time. 3. Capital value shall be taken, in the case oE a purchase at the amount of the purchase money, in the case of a charge for a capital sum at the amount of that sum, and in any other case at the value ascertained in the prescribed manner. Digitized by Microsoft® ( 171 ) THE LAW OF INHEEITANOE AMENDMENT BILL, 1895. A Bill intituled an Act to amend the Law of Inheritance to Real Property. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :, 1, — (1) On the death of a person intestate as to any real Succession estate, that real estate shall be divisible among the same persons i" ^T^^^ as if it were personal estate as to which he had died intestate, rest in real (2) There shall be abolished— fstate on (a) All existing modes, rules, and canons of descent, and of devolution by special occupancy, or otherwise, of real estate, whether operating by the general law or by the custom of any county, locality, or manor, or otherwise howsoever ; and (6) Tenancy by the curtesy and every other estate and interest by custom or otherwise of the husband in the real estate as to which his wife dies intestate ; and (c) Dower and free bench and every other estate and interest by custom or otherwise of a wife in the real estate as to which her husband dies intestate. Provided that a husband or wife m.arried before the passing of this Act who, but for this section, would have been entitled to tenancy by the curtesy, dower, free bench, or other estate or interest, shall, at his or her option, be entitled to the same in lieu of the interest conferred on him or her by this section. (3) Nothing in this section shall affect the Intestates Act, 53 & 54 1890, '^'"'^- "■ ^^• (4) This section applies only in cases of death after the commencement of this Act. Digitized by Microsoft® 172 APPENDIX. Meaning of " heirs." Extent of Act. Commence- ment of Act. Short title. (5) This section shall not apply to any real estate of any person who is at the commencement of this Act entitled to that real estate either in possession or in remainder or reversion, and is at that date, and remains thenceforth until his death, inoapafcle, by reason of infancy or of unsoundness of mind, of disposing of that real estate. 2- — (1) The word "heir"' or "heirs" used as a word of limitation in any Act of Parliament, deed, or instrument, passed or executed either before or after the commencement of this Act, shall operate to give the same estate as if this Act had not passed. (2) The word "heir" or "heirs" used as a word of purchase in any Act of Parliament, deed, or instrument passed or executed before the commencement of this Act shall bear the same meaning as if this Act had not passed. (3) The word "heir" or "heirs" used as a word of purchase in any Act of Parliament, deed, or instrument passed or executed after the commencement of this Act shall, unless a contrary intention appears, be construed to mean the person or persons, other than a creditor, "who would be beneficially entitled to the personal estate of the ancestor if the ancestor had died intestate. (4) Subject as 'aforesaid, references to the heirs of any person in any Act of Parliament, deed, or instrument, passed or executed either before or after the commencement of this Act, shall be construed to refer to his personal representatives. 3. This Act shall not extend to Scotland. 4. This Act shall come into operation on the first day of January one thousand eight hundred and ninety-six. 5. This Act may be cited as the Law of Inheritance Amendment Act, 1895. Digitized by Microsoft® INDEX Absolute title under Land Transfer Act, 41, 117 Aden, 71 Anguilla, 82 Anne, Queen, reign of, 10 Annuity deeds, 55 Antigua, 82 Argentina, 98 Arrangement, deeds of, 57 Asgill's essay, 10 Assurance fund, 92, 159, 170 Attestation, 44 Attorney, powers of, 60 Australasia, 87 Australian colonies, return as to, 93 Austria, 99 Bacon, Sir Francis, registration edict, 8 Baden, 104 Bahamas, 82 Banker's mortgages, 43, 167 Bankruptcy, transmission on, 44 Barbados, 84 Barbuda, 82 Bar Committee Keport, 1886, 26 Bargain and sale,- 7 Bavaria, 104 Bechuanaland, Biitish, 76 Bedford Level, 45 Belgium, 100 Bel), Mr., case laid before, 12 Bermudas, 81 Beverley, Bast Biding Registry, 55 Bills of sale, 55 Block Indexing Act, 113 Bookland, 5 Book, the A. S., 5 Borneo, 72 Boyle, Mr., scheme, 15 Brazil, 100 Bremen, 103 British Bechuanaland, 76 Columbia, 80 Guiana, 86 Honduras, 85 North Borneo, 72 Brougham, Lord, 14 , Mr. "William, 14 Buenos Aires, 99 Caicos Island, 81 Cairns, Lord, Acts, 21, 23, 38 , Lord, commission, 19 Campbell, Lord, 15 Canada, 77 Cape Colony, 74 Cautions against registered dealings, 133 Caveat, Yorkshire, 55 Certificate of charge, 48, 141 Ceylon, 70 Charge, under Land Transfer Act, 42 Charges for future advances, 167 Charities, 56 Chartulary, 5 Chili, 101 Companies Acts, companies under, 59 Companies Clauses Acts, companies under, 57, 59 Compensation, 159 Compulsory registration, 159 Digitized by Microsoft® 174 INDEX. Conveyance not necessary on first registration, 166 OonveyanoingAotsl88Iandl882,23,24 Cookson, Mr. W. S., on registration of possessory title, 16 Copyholds, 57 Cornwall, Duchy of, iV Court, meaning of in Land Transfer Act, 153 Court roll, 6, 57 Cranworth, Lord, Act, 18 , , Bill, 16 Crown lands, 46 Curtesy estates, 171 Cyprus, 68 Davey, Lord, letters, 1885, 26 Death, transmission on, 44 Debentures, 59 Debenture stock, 57 Dedication of land to the public, 60 Deeds of arrangement, 57 , production of to registrar, 38, 139 Denmark, 101 Deposit certificates, 166 Derby, petition for register, 11 Disentailing deeds, 58 District registries, 33 Domesday survey, 6 Dominica, 82 Dower estates, 171 Duval system, 14 East Riding Act, 53 Egypt, 102 Elizabeth, Queen, attempts at publicity during the reign of, 8 Falkland Islands, 86 Fees under Land Transfer Act, 30, 39 Fen office, 45 Feoffment, 6 Fiji, 96 Folkland, 5 Fonnereau, Mr., proposal, 13 France, 102 Fraud, 53, 147 Frauds, Statute of, 10 Future advances, charges for, 167 Gambia, the, 73 Germany, 103 Gibraltar, 68 Gold Coast, 73 Greece, 107 Grenada, 83 Grenadines, the, 83 Grenville, Lord, 12 Griqualand West, 75 Halsbury, Lord, Bills 1887, 1888, and 1889..28, 29, 31 Hamburg, 103 Hanseatic registration of titles, 103 Hatherley, Lord, Bill, 21 " Heirs," definition of, 171 Herschell, Lord, Bills 1893, 1894, and 1895, 32, 33 , , summary of scheme, 34 Holland, 107 Hong-Kong, 72 Hungary, 99 Incorporated Law Society statement, 1886, 28 Incorporeal hereditaments, 169 Index map, 39 India, 69 Infants, land of, 145 Inheritance Amendment Bill, 171 Inrolments, Statute of, 7 Inspection of register, 33, 169 Insurance fund, 159 Ireland, 64 Jamaica, 81 Jersey, 67 Keene, Mr., scheme, 15 Labuan, 72 Lagos, 74 " Land," definition of, 169 book, 5 certiticate, 36, 38 charges, 58 Charges Kegistrationand Searches Act, 1888, 58 Registry Act, 1862, 35 Office, 38 Digitized by Microsoft® INDEX. 175 Land Eegistry Rules, 1889, 39 Transfer Act, 1875, 38, 115 Committee, 1878, 22 Langdale, Lord, 15 Lease and release, 7 Leasehold register under Land Trans- fer Act, 118 Leaseholds, 42, 58 Leeward Islands, 82 Legal estate on death, 162 Literature of the subjeot, 1 Livery of seisin, 6 Local authorities' loans, 59 registers, reasons for, 33 registries, list of, 45 Liibeok, 103 Ludlow, Mr. J. M., on foreign systems of registration, 15 Lunatics, land of, 145 Malacca, 71 Malta, 68 Man, Isle of, 67 Manitoba, 79 Maps, 39 Marlborougli's, Duke of. Bill, 1885, 24 Married women, 144 ■ Women's Property Act, 24 Mauritius, 76 Memorial, 48 Mexico, 108 Middlesex registry, 47 Mines and Minerals, 44 Montserrat, 82 Mortgage debentures, 59 , under Land Transfer Act, 42 Mortgages by companies, 59 Mortmain and Charitable Uses Act, 1888, 30 Natal, 75 Nevis, 82 New Brunswick, 79 New South "Wales, 87 New York City, 112 New Zealand, 95 Newfoundland, 80 North Riding Act, 53 North-West Territories, 80 Northallerton, North Riding Eegistry, 55 Northumberland petition for register, 12 Notice, 24 , Middlesex Registry not, unless searched, 50 Nova Scotia, 79 Office copy lease, 42, 141 Onslow, Mr. Serjeant, Bill, 12 Ontario, 78 Ordnance survey, 40 Papist's lands, 11 Patents, mortgages of, 60 Plowden on inrolment, 12 Portugal, 109 Possessory title under Land Transfer Act, 41 Powers of attorney, 60 Practice under Land Eegistry Act, 1862, 35 under Land Transfer Act, 1875, 38 under Middlesex Registry Act, 47 under Small Holdings Act, 61 under Yorkshire Eegistry Acts, 52 Prince Edward Island, 79 Prussia, 105 Public, land dedicated to, 60 Publicity, an objection to registration, 9 Publicity of transfer in early times, 5 Quebec, 77 Queensland, 93 Real Property Commission Report, 1831, 13 Rectification of the register, 146 Redonda, 82 Register, forjn of, 40 , inspection of, 33, 169 Registration abstract, 89 of titles, when first suggested, 13 under Land Transfer Act, mode of first, 39 Digitized by Microsoft® 176 INDEX. Report, 1850, 15 , 1857, 16 , 1870, 19 , 1879, 23 Eomilly, Sir Samuel, 12 Eoyal Commission, 1870, 19 Rules, power to make, 39 Russia, 109 St. Kitts, 82 St. Leonards', Lord, Act, 17 St. Lucia, 84 St. Vincent, 84 Sanders, Mr. G. W., on the history of registration, 15 Scotland, 63 Seal of office, 149 Secret alienations, 7 Selborne, Lord, Bill, 21 Select Committee, 1878, 22 Settled land, 44 Land Act, 23 Seychelles, 77 Shipping Register, 60 Shire book, 5 Sierra Leone, 73 Small Holdings Act, 1892, 61 Solicitor's Remuneration Act, 1881, 23 South Australia, 90 Stannaries, 51 Statute of Frauds, 10 of Inrolments, 7 of Uses, 7 Straits Settlements, 71 Spain, 110 Special land certificate, 36 Specific performance, 146 Surrey, petition for register, 1 1 Sweden, 110 Switzerland, 111 Tasmania, 95 Title, questions on, 140 Torrens system, 90 Transfer, form of, 43 of Land Act, 1862, 35 Trinidad and Tobago, 85 Turkey, 111 Turks Island, 81 United States of Americsi, 112 Uses, Statute of, 7 Vendor and Purchaser Act, 1874, 21 Victoria, 88 Virgin Islands, 82 Voluntary Registration under Lord Westbury's Act, 35 — under Lord Cairns' Act, 38 Wakefield, West Riding Registry, 55 West Indies, 81 Riding Act, 10, 52 Westbury, Lord, Act, 18 Western Australia, 94 Windward Islands, 83 Witnesses, power to tummon, 150 Woods and Forests, Commissioners of, 4 Wurtemberg, 104 Yorkshire Registries Acts, 52 LONDOK : PKIMTED BY WILLIAM CLOWES AND SONS, LIMITKH, STAMFOllD STREET AND CHARIKG CllOSS. 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