REGISTRATION OF DEEDS.

Hawke's Bay Herald, Volume 1, Issue 83, 23 April 1859, Page 3

REGISTRATION OF DEEDS.

To the Editor of the Hawse's Bay Herald. Sir, — Great confusion and uncertainty exists in the province from the want of Registration ; I therefore beg to make a few remarks on the subject, as it is most essential in every colony and province, that all landed, leasehold, and household property be made secure to proprietors by indisputable'titles, and I have no hesitation in saying, that after much reflection, and having had occasion to write on. it, that Capt. Kelly's system of Registration is decidedly the best and most comprehensive. The functions of a Registrar of Deeds are high<<,\ly..importeto.t, and as the duties must necessarily be exceedingly laborious, it requires 1 a person accustomed to close application, and who is able to v prganiae and carry^into '.practice's. Registry which : 'will bo felt, not as a trammel'on property, but as ...a, security and public benefit.-^ - •■• ' r , The first great object in Registration is to make -titles to landed and . leasehold property clear and definable; also secure, by the preservation of cor- ■ net attested, copies of deeds, rendered indisputable , by an official act authorised by law. p A system of Registration should therefore- be adopted which, is easy to understand, clear, simple, and intelligible in all its parts ; also, it should be capable of giving to all holders of property, mortgagees, purchasers and others, full and. distinct information as to the situation of lands, houses, &c, their measurements, and other particulars, as , ; the case may be, also their former audactual state v. '.as ; ; \,p, burdens/public or private.' „'. ' All t^e above istfprmation stiould be obtainable .;/ at l the Registers^iffiice by payment of a moderate .^J.fee (say- one/, shilling)^ for ' Verbal informationi and . . •. an increaaecl one for documentary^ ' Thie Registra:a s - of tse. deeds ehpiild 1)e 'effected at tt, fixedmoa•i,. frate, price, acebr^ipgto^eir I . length. r! ' -' : . V , The .system should tend t^jßborten all' deeds by - . eofproing clearness' ''and'iainipUcity' of languasje, . ,%howing:;concisely tlie |itie, the CrowuGraiot being ;•.:'■ the'liasisj and, if prpperly ehfdrted^ the; great end

! will be attained of curtailing deeds, and keeping l moderate all law charges; for convey ending, leasing ;. and mortgaging. , i A good system of Registration should show at ! one view, and on one page, a' copy of. the original : Crown Grant, with a ; -drawtf '-jplan'-, containing the , measurements of: theiiproraeirey' 5* -then from, this - : foundation the whole hisipry 01 it should be continued and- extended frpmijage. to page, and from ' proprietor to proprietor, with references to deed or deeds, copied into the' books 'of the' archives 6f . the colony or province. '< :■■•<>. '.' "' 1 You will observe that ,by this scheme.no grsunds . for litigation as to the definition of property could , exist, the searching for titles would be simple and beyond cavil, the length of deeds would be short- . enedand the expenses kept moderate, i Again, where a comprehensive method of Registration is carried out, the litigation as to the rights ; of ownership will consequently be small, landed 1 property will become a kind of commodity (if I , may be allowed the term) which can be used for the convenience of the owner, because if required, it can.be sold, borrowed on, transferred, mortgaged , or otherways conveyed in an hour's time and. at a small cost, not as it is in England, whereproperty is often in a doubtful and confused state from thg want of. : Registration;;, indeed;. confusion is ;fre--1 quenfely worse oonfused-.vby.^lcttig deeds crammed ; with a jargon off words and, . doubtful j difficult, and unmeaning phraseology 1 on sheets of ' 1 parchment, and which deeds for safety must be prepared by learned Counsel, thereby incurring 1 ruinout ; law charges and fees of Court. TheEegistry shoiild be numerical and alpha-' • betical and the work organised and conducted with , 1 the utmost 'care and exactitude ; the whole being methodically arranged so as to meet every exigen- . cy, and in such a form as not the slightest doubt or discrepancy could possibly occur in any copy] , issued from the Registrar's office, and which I see: ; no difficulty in accomplishing. '■ The volumes containing copies of original deeds; ' should be kept in a place of security ;. every deed [ after being copied should be carefully compared' „ and attested by two persons ; every / or correction being initialed,, as .is tisually done in . attested deeds, so that any Copy procured 'from the Registry would-be-competent evidence inlaw,. having the same authenticity and force : as the original ; thus, .dee.ds^destroyed by fire, or lost, oi 1 mutilated, could be supplied^ to the owners, arid should by a law be made, of th 6 .same ' value and validity as the original -' ■ '< • The records of the office should be available to the public for enquiries at certain hours every day; but no person should be allowed on any account whatever to have possession of, or any opportunity of marking or writing on, any of the office records. Extracts and copies of deeds should be furnished when requested, at the cost of a moderate fee 5 but it is a question if it would be proper to allow every one to obtain such information, as improper uses might be made of it to the injury of the parties truly concerned therein ; however, rules could be easily adopted to control this. As great frauds have often taken place,. from concealment or destruction of wills, I think it would be of great benefit to the province if there •was.a Registry; kept for. wills and"'beque3ts depO;^ sited before or after death, so that the powers and duties of executors and trustees might be recorded, heirs to property secured in their rights, and re-: latives and. others guaranteed from all coneeal--1 ment and fraud. I am, Sir, Yours, &c., Fsede. A. Bell. '■ ' Napier, April 20, 1859.