OUR GOLD FIELDS.

New Zealander, Volume 13, Issue 1132, 21 February 1857, Page 1 (Supplement)

OUR GOLD FIELDS.

To the Editor of the New Zeai.asjjuu. • __ hub-in'' from the specimens which have been • lat the 'Coromandel diggings, ami winch are pbtaincl i viz wom quartz and sharp angular ot Jty° both containing gold,—judgmg from these. (1 ’ u n dimrer fund ! am one), irom t ahlornia or ivk;' old or■ once decide that the worn goblMclbournc. bcun tranS ported by the action of a considerable distance, perhaps miles, from the ,t which it was a fragment. To tm.t this vein, vein 0 . , n,,utter” nctir to it. even long and tedious exandmdiou might prove fruitless, and result only in dil M PP tho other band, the specimens of gold-bearing ’ / from the Wvnvard diggings arc sharp at the qI , IIU m,d have a kind of crispness of fracture that hj . thev have been subjected to no watershow, in ,: uart /, vein, of which these specimens rolling- . , )ro i, a biv only a few yards distant where the diggings (Coolaha.i’s) were '' hi oiie instance, two pieces of quartz, an inch or i, t less each in size, wore found united by a thhu'date of gold which formed a kind of Uiinge he"f", notlikelv that such a specimen has been transn a hundred yards from its matrix; and P" r . nrlx (of which all the gold from those diggings thll Vl lit the outlying indications) may he found by places it will dip so as to he ......ihlo and appear again without presenting fu m every i’oint- The reef is generally a few feet gU in breadth, hut is of great depth; it is usually „c«lvyo. i.. II.C 0f,1,. 1 ~r in anv primitive rock. C 0( 7he upper part of the reef the gold, if any be r . .rnahle. is in very thin plates or very minute leeks and the best quartz for crushing is that in iV.i’no .midis apparent to the naked eye. Ihe ii”cSed i„ -siami'inr in. «™1.!.» sold »- nnratfd from the dust by the aid of qmeksdvcr. p Prospecting for.pnu-tz " reefs” should bo conducted nM ‘icntilic principles. By the onimary digging, the n ml/, veil! mav at length be found, hut a more sysq'uic search is preferable. Many ot the best ,in Melbourne have not given the indieations of aunferous richness that the Kapai ga valley of Coromandel has. I am, Nr, Your oheilieiit servant, John Maulow. 17th February, 1857. To the Editor of the New Zeai.andeu. go- Accept of my thanks for your courteous eorroction of mi erroneous impression I had formed of Mr. T O'Neill’s speech in the Council on the Education have to neologise to that gentleman for the misconstruction 1 put upon his words—and to say that it arose from a very hasty glance over your reports ot the Provincial Council proceedings. I am. Nr, Yours respectfully. Damon. February 14th, ISo. THE MILITIA. To the Editor of the New Zeai.andeu. q. u As “Julius Ccesar” has condescended to ascend from the shades below, to vindicate the appointment id hu'/s to command men, 1 beg to assure that hern that were the hoys his own descendants, even though thev were so exceedingly anxious to acquire t'aniesurpassiiig that of their illustrious ancestor ; yet as a freeman and as an /i,i<jlis!nnnn, 1 should decline to serve under their orders ; ‘even thomjh the alternative were a prison. We respect our Feuiiisular warriors, hut we are not bound on that account to respect, and submit to, their children. , , According to “ Julius our Lieut. Colonel would be harmless ; Yu I if I am rightly informed, he rose by his own merit, as every officer ought to do If an attachment to my native laud be loyalty, 1 dab,, to be a lovalist, but'if by loyalty is meant an unconditional submission to the measures or orders of everyone holding office under the Crown, I decline to be, in that sense, a loyal subject. Yours obediently, A Civil.ias Electou. February IGth, 187)7. “Pity the Sorrows of a Look 0u» Man. To the Editor of the New Zealander. Sik, \\ ho is the obstruction that prevents 'he m i chinen of the Provincial Govern men' ln>m contmnin in w iking order ? I« it no' the .Speak, r? Stands it not confessedly hj fore the public that he is the cause f Are not the words iii everybody’s mouth, “ Hanley and Carleton are ruining ;he Province H-'W do we generahv man me with oMier obstructions V Remove I hem! And why nt remove ill ■ Speaker ? I cannot see any difficulty with regard to his lemoval—for the Constitution Act does undoiihicilly give the Council the power to nmk ■ such removal. In clans" JO, the Act states that the Provincial Council shad ’* e! e out of their members to be the Speaker tin-rent du in;,- the cuiitimia'ncc of such Cootie.l, which election being eonHrmed hy the Suporiuicinlc*'. shall he valid am effectual; and in case of vacancy in the sai l office, by death, resignation, or otherwise, Mien, am. so often il-S the same shall hupp n, Hie election shall he repealed anil confirm d as aforesaid." To what docs the otherwise refc, if not to 1 1 is ejection—(a word which stands in contrast to resgnation in a slight degree, i Now let us see what It is duties a.e. ( iaU3e - “The Speaker shall preside at ilie meetings ol such Council,*'&e Tim clause neiMicr gives author.iv to him to dictate to the t < unci!, nor to alter th w.irtlitig o! a motion. In this clause, is power delegated to him to set up.his opinion as equivalent, nay more, as superior to ilia! of the rest of the Council ’ 1 ' is du! ies a-e further leliued in danse -o "All quest mis which shall arise in any such Council shall he decided by the majority ot the vot s •' the inemhers prev at, other than the Speaker or preside g member ; Inu in all cases wherein ■ vote; shall he equal, the >pcakcr <r presiding member shall have a casting vole.” Thus, then, the Spea ■' gives up his right ot .o'ing aa member, for the piivilege ot the casting vote Ann a casting vote lie gave die other day with a vengeance. But th. authorif ot the Council in Mils m iter is chiefly vested in the -4 '. elans,- Every* i’. aviiieial Council, at their first met ting, and from time to time ilftrrmnls as occasion may rer/aire, shall prepaie and viopt sueh standing rules and orders as may he he.-t s!apted for the orderly' conduct ot the ImM ess ol siicii Council ; which rules and orders shall he laid before {lie Superintendent, and being by him approved, shall fheii become binding and in force. { If a motion were brought before the Council, " 1 hat {he Speaket do resign;" or, " That this Council do move that Mr. li >rtley he no longer Speaker,"—would it not pass by a majority ? Would there be need of a casting vote then. Would not Mi" S'lp'-riniendeni. give his approval, the order become binding, and the Sp aker’s chair vacant The occasion requires such a motion; the Province requires it; and either it or a less peaceable and satisfactory one mu't follow What hinder» the Council (Tom thus nct'mg —reason, prudence, and the welfare o' Mm Province on their ~ , what more is required / Are they a'r.dd ot hurting the old man’s feelings? Then are they more ehai liable to him ill .a he ha* jnovi'd to them. A precedent is not required u tills case ; > :ke this occasion a pre cedent, and (ulme Co incils .vi 1 know how to follow, Sp-akora generally don’ l act so foolish as to ot up i demonstration lor the benefit ol then - p-wiv ' 1 duuhtl'ii benehl liy-tho-way }, and at ;he expense ol their c unity. But bon It so long of his privilege as a vot-r in Council, Mr. BnM v has sought consolation i . a oiilo very uiiconst ouMoual iilk-rty ns .speaker; and the sooner ceusme he passed on his condo.-t by tin- Council, (and the most satisfactory censure would he .slm.-.ii by his ejection,) the better for the I’rovmeo. \o-, eusliier him as von would your clerk, H he threw your business into coutu.iion lev misuuui.igeine:,!. For though he be an old servant (though perhaps n I o! I in the set vice), his age is no - xeuse l"i faults uuwo thy ol the merest tyro in Pmiueai Economy —and tae oniy plea which can l-e urged for incapacity is imhecituy. 1 remain, Sir, Your oh.'diei t serv.in'., ‘ On i; or Tin i a- r a:iiiivai Hobs on-stieet, February 10th, 1867.

To the Editor of the Nkw-Zeauniikii. Sin, — My best thunks to “ Damon” for It is general approval of my letter to which he refers. “ Damon” states that he cannot umlerstuml my remark, that the children in a young colony are more exposed to neglect and consequent corrupt influence than even in cities of the old world Sioelv “ Damon’’ mn»i he :i»aie that National Education has now been in opcral :on ! home

upwards of twenty ones, while the earnestness “ith whieli the people of England hav eneouniered ill ilitl’Cilliy of reselling the mure exposed children, is also shown iiv their estahli-hment ot he Ragged School system. A little further on, " Damon” himself vir tually admits that wlildi I rt in tlic*. in question, one part of which runs Mitts— ‘* The ilemanil on the parents' lime ;’’ " Damon’’ Staling, in extenuation, "that their parents are STiiUoni.lNG in the com moiicement of the noblest pursuits, fte., viz., the gaining an independence in a now country. The introduction ot that paragraph runs thus: " It Seems almost ineritahle in neari/-estahlisheil colonies from the liianv circumstances then theicalter following." “ Damon" seems not to hav ■ a thorough acquaint mice with the elements forming a large portion of I lie earlier population of new settlements, and hefor ■ so ciety has gained, in new combinations, a moral standing; or he would know from Ins own observation, that minlicr* of young persons on going out to them, am! b*-lng freed from the control of tho-e whose countenance thev respected in their old homes, are otien guilty of flagrant Misconduct, through tin- cut ieenn-ni sot their newly-acquired freedom, lor which thei would blush when surrounded hy former ties. these dciinqnonces are more seen m those who class I.aemselves among the “gentle" than a one the Inrd working classes—tills latter general I • h'eing preserved hy their coinhiuation into groups of families and being soon engaged in labour. I have ever heard ii deplored hy the elders, not only in this but also in other colon!'--, that the laxity ot the moral and religious tone of society was more no'tceaIde in them than it “as in the home country ; and I have found most of the experienced to agree with me t 1 at the absence of example and ol family e tinexions, and tlu-ir restraints, were among the causes which fre .illc nll v reiolen d I lx. i■' precepts much less availing

thm thev had lim ed lm from uli.it had ari.wn at mum

I have always considervd that K lue.it i II ad was intended to supplv that ir int (! will call n so in ina«c it more acceptable to " I).noon’s" feelings) which, to use Ids own words, the parent eanmo supply By reason ot the “ sr iiec.oi i no" efforts they are compelled to make to obtain an independence 1 thank “ Damon’’ that B upprcciaies my views. His strictures prove that there is a desire to (B r ve benefit from Kdneatiounl-aid ; and 1 hone our rising youth will also appreciate and benefii by the moral and religions training th*y will receive through the same means—which will then be I" them, as well as to the Stale, of far more exceeding gB rv tin the nine acquirement of book-skill.

** D-imon” rests under i s.ipi'reliension in think ih.it 44 T. WV was pointin'.* at, and out

<inv oi‘t“ class; ■ tic whme pira.: null, duly considered, would shew that it endeavoured to exemplify by as

>1 ■ eu causes the go mid> which muv b supposed to ca'l for an an Education Kid. Indeed, while 1 see evidences daily around me much more thought, how much money can be earned, than how much golden wisdom may be obtained—l am too anxious that, even iu ms own lam Iv, from similar causes, there has bet u a carelessness towards the young—not intentional, hut misunderstood—which would iu the old country be considered culpable. Does ” Damon” put no value on the constant oversigni of the mother’' eye, or tie moral reproot el the father's tVown ; the prayerful application of knee-sine culture, oi the moral iullaeoee o: the lather’s liresale instruction ha-ed on the great truths of revea ! ed religion Will “ Damon ” tell me that, with the incessant s niggles of bush life, there can be the counterpart of the cotter's fireside, or that I lie educational duties of

hoim- arc so sutaciently Htteimed to us not to need at.! trotu the a t:on .1 icsoinces ! Mill hj -ay that the only nee ssity i» for worldly «im.i •■dge, oi that worldij knowledge atone will guard onr rising ymna from dm iniino.'at inline e ■ ot the example id the h.ilt-fleiiged ns,in, who. ho isting of Ids freedom lioin all restaint, and despising tiie moral rights ol >oeiet», s.n isties himself, that los habits are not condemned by himself, and thai his o.vn judgment is as good ami a pleasanter guide than " its that of his aged parent or all the moral restrain ol los fatherland. *• p. U aithoiujli s poor a man as perhaps any other in • his i olony, hopes nevertaeless that the little he has hart earned may !»•• enjoyed by ineymng. lor whom it has hj en gained in sack a moral atmosphere as will induce them to make i rational n-e of their goods' ami position, and that the Education Hill just massed mav prove it patent instrument in imparting to tii in sneli .oi amount a! moral and re igious training a* shaii prepare them lor the no* to come. P. W. REGISTRATION OF DEEDS. To the Editor of the Nkw-Zkauanoku. Slit, —Although the following observations are addressed to the hononihh Members of the Provincial Council, and indeed are primarily intended for their consideration, the power ol making the necessary amendments in the existing law being immediately vested in their hands, yet from the general importance of the subject, as being one which more or less directly involves the interests of almost every settler in the country, 1 trust yon will regard them as not, undeserving of a place in your columns. Hv giving them insertion tit your earliest convenience, you will oblige, Sir, Your most obedient servant, RotiUKT Klil-I.Y. Auckland, January 2.'3, 1857. To the lliiHOura/ile the Members of the Provincial Council of Auckland. (iUNTI.I'.M IN, — Yon may probably consider me irregular in taking this means, in order if possible to effect a very important object in connexion with the interests of this eonntrv. But a little reflection will, 1 feel assured, convince you that 1 cannot reasonably expect success in any other way. The object 1 have in view is to amend the Deeds Registration Act, which passed the Provincial ('mined during lite hist session, so that the system of Registration established by law for this Province may be made as nearly perfect as possible. Judging front my practical experience, acquired in inv intercourse with former Superintendents, 1 cannot reasonably entertain the hope that any Superintendent will individually take upon liimself the responsibility of introducing a measure of sneli importance, in a form calculated to confer lite required benefit, so long as the erroneous impression exists that legal knowledge, on their part is requisite, in order to enable them to form a correct judgment upon the snbjcc. This circumstance induces me to place the Amendment Act in the bands of a member unconnected with the Executive, so that the responsibility may he shared by till alike.

If tiie arguments which 1 shall hero advance, in order to establish the necessity for the alterations which I contemplate in Registration lie considered sound and conclusive, then I trust you will not be deterred from adopting them, from the eiieumstauco that von tire not possessed ot legal knowledge. II Registration in any degree depended upon legal knowledge, I must, of course, have been disqualified for the. office which I have now held for nearly nine years, and held, 1 mav be permitted to say, not only without eeneure, but with the approval of the profession, and the public testimony of two leading members of different Ministries, (Mr. Richmond and Mr. Fox) both lawyers, who cordially acknowledged the merits ol the mode 1 have adopted for simplifying the System ot Registration and preserving titles from getting into confusion.

I am perfectly well aware that two apparently

strong, but, in reality (its I hope to show) very weal reasons will be assigned, for not interfering during tlii Session with the late Act.

'The first is that the present Min;dry 1 1 ;; v• ■ promised to introduce a Registration Bill for tin; whole Colony, during' tin - next session. AI y reply to winch is, that, i,, dm ih'st place, sneli tt measure was promised by Mr. Fit/gera d—lite then i’rime Minister—during (lie first session ofthe General Assembly in 1851, and yet nothing lias up to the present been elleeted b\ that ho Iv ; and, in the next place, 1 really cannot comprehend how any class of men, however talented they mav he, but without that practical experience which cun alone he acquired by years ot service in a Registry Office can hope to legislate with any probability of success upon a subject which litis already

littllh-il the efforts of the most eminent lawyers in England ;unl the Colonics—and particularly .so, when u failure in the sufficiency of their system may at no distant, period involve (lie country in endless litigation and enormous expense. As one proof of the difficulties connected with this subject, some years since, (about 1850) the most distinguished members of the legal profession at home turned their attention to Ke-

gist rat ion. with a view to the introduction of a better Svsleni into England ; and Her Majesty appointed a Hoard of Registration and Conveyancing Commissioners, to assist in effecting this object. )et from that date up to the present, they have not been able to accomplish this object; lor though several systems were placed before them for examination, they were compelled to reject them all, because they were found to be too complicated. When the eminent men here referred to have failed, from want of practical knowledge alone, in introducing into England or her Colonies a good system of Registration, surely it can he no disparagement to the merits of our own .Ministry to assume that for the same reasons they are. not likely to he more successful. Therefore 1 feel persuaded that it would lie very unwise to delay making these improvements in our present system, which are absolutely necessary for its completeness and efficiency. The other objection which I am aware exists, is that

it would be impolitic to alter a Rill which has so recently passed into law. This 1 feel assured will upon rehoetion be found equally lulile and unreasonable with the preceding. The late Provincial Government passed the Hill Because they were strongly impressed with the necessity of opening Registration at once to the whole Province. They were also sensible that, for the security of the public, that system of Registration which, in practice, had for years received the full concurrence of the profession, and which was in actual operation, ought at once to Be established by law ; and particularly so when they were satisfied that it was sound, for upon examination iu Committee they I tad discovered that it e flee ted all the essentials necessary iu a good system. They were of course aware that it had its opponents, But this was a matter of no moment to them, so long as they (its opponents) were unable to prove any thing against it, ' tpposilion, however, will always have a certain amount of weight, even though it he unreasonable. and particularly so when the measure for legislation

is one which its wannest supporters cannot, from want of practical knowledge, possess a perfect knowledge of. Tiiis cirenmsmuee creates timidity, and timidity is always yielding. It consequently followed that though the Deeds Registration Act passed, confirming the numerical system of Registration, still it is far from Being a perfect measure ; and, such Being the ease, why should it Be allowed to remain in tin's state for one moment longer than is necessary ? Amendment is particularly called for, seeing that the alterations which 1 propose making in it will, in a great degree,Be the means of preserving titles from future litigation, the great Bane to property of every description. in order, however, to make my subject intelligible, and at I lie same time secure for it that share ol attention which it deserves, it will, 1 consider, Be necessary for me briefly to show—

Ist. What is the position of a country (as regards property) without Registration, end. Whitt the Alphabetical System of Registration, that which is in operation in England and the Colonies (this Colony excepted) effects. 3rd. What Registration should etlccl in order that it may prove a real boon to a country, and be what no doubt it was designed to be by those who originally framed the system. 4th. What the Numerical System is eapablc of realising towards the accomplishment of the desiderata in Registration here referred to, shoal ! the alterations which 1 propose in the present Act he adopted and sanctioned by law.

1 proceed then to point out First—What is the position of a country (as regards property) without Registration. The form in which this address appears, as well as the demands on my time made by my duties obliging me to be brief. I shall here simply place before you tiie report of the Registration and Conveyancing Commissioners appointed by her .Majesty for the purpose of enquiring into this subject, as it clearly exhibits that property is depreciated in value. When ownership, from want of Registration is dillieull to prove, and when there are no certain means of ascertaining whether a property when offered for sale is encumbered or not. The Commissioners state as follows :

“ Possession of the land is no proof of the title thereto, or of the extent of interest therein ; so neither is the possession of the title deeds conclusive. Ihe purchaser has to guard against the suppression of deeds whether wilful or accidental ; he has (among other things) to assure himself that the vendor in possession of the land and title deeds, has concealed no settlement an 1 suppressed no will ; that he has not charged the estate which ho offers as unincumbered, and that no power has been executed to defeat or lessen his apparent interest. The fact that such suppressions are rare (if indeed it be a fact that they are rare) does not relieve him from the necessity of enquiry. What is possible, it is strictly necessary to guard against. lienee an •laborate investigation into the title, inquiries into innumerable points, and searches in various places (in the words of the letters patent to which we have before referred) manifold, intricate, chargeable, tedious, and uncertain, the expense of this is very great and burdensome (p.p. 56). Such is the fact to an extent tbateau scarcely be credited in this country. For instance we find it stated in the Law Renew that the legal expenses attending the sale of a property in England, which produced a rental of tiutio per annum, amounted to €SOOO ; and that on land which realized at it public auction -two per acre, the legal expenses came to C2UO per acre ! ! —Vide Law Renew, vol. xv. !’• 185 -” I will next in order briefly show what the A.phahetieal Mode of Registration, that which is in operation in England and the Colonies (this excepted) e flirts.

The Alphabetical Mode is a mere Registration of Deeds exclusive of Titles, alphabetically tiled, with, ot course, local descriptions of properties by the names of Parishes, &c., &e. It follows that when a number of Instruments have been Registered, affecting the same propertv, tliev will be preserved in many different places according as the names of the respective parties to each begin with different letters. Consequently when a professional man lias to investigate the Title to a particular property, lie must be acquainted with the names of the parties to ail the Registered Deeds relating t<> it before lie enters the Olliee, or Ids examination will avail nothing. Moreover if any of tiiese he suppressed or concealed from him, he will fail. In mi office of long standing, when the same name frequently occurs, the operation is a most tedious one, and in some instances utterly impracticable. In t!ie Sydney Registry ()ffice, according to the statement, in a letter which appeared in the Mornini / Herald , g'.lth June, 1854, a professional man is in some instances employed a whole month over sneli a eareh at a cost to his client of .‘i guineas a day or about t’8() for a single search, which in this Olliee would cost Is. and be satisfactorily performed in about two minutes. Lord St. Leonards (the late Sir Edward Sngden) condemns the Alphabetical System of Registration, and the Lair Review regards it only its another mode of taxing Property. The Alphabetical System supplies none of those great essentials in Registration which arc absolutely indispensible to a sound and perfect system. ! will now show what Registration should effect (and is capable of effecting), so that it may prove a real boon to u country, and lie what it was no doubt designed to be, by those who originally framed t lie Svsteni.

Registration should l>e a great and powerful instrument in (lie hands of Government for (he suppression of all fraudulent transactions in connexion with land. Its operations shun Id he conducted in a mode so simian and intelligible as would ensure to capitalists dc -irons to invest their money in land the utmost safety and confidence in lite nature of the security afforded them. It should also prove to proprietors of land an inestimable boon by enabling them to exhibit to intended purchasers sound 'Titles so that their properties would be tit Mi times in a marketable condition. This is what Registration should he mid what it

was no doubt designed lobe, and wind I, n Registrar now of many years practical experience maintain it can be. For the purpose of establishing this tael by proofs, I must next in order exhibit the wants which :d present are found to exist in all Registry Offices and which prove effeeutui harriers against the maintenance of tt sound System of Registration such as 1 have here described. 'These I shall class tin

Ist. The want of some eicariy oetined means for keeping united together by tt plan which will not admit of the possibility of error, those Instruments which relate to the same properly, so that they may he all

iceessihlc in u moment, and that the nature of each

may he known tit a glance. gnd. The want of some established rule by means of which, when a Deed is presented for Registration, it can til a glance he discovered whether the property to which it refers is truly and faithfully described tiierc-

Jnl. The want of some comprehensive and intelligi-

ble plan hy means of which searches may he conducted so that the information required can lie obtained with accuracy and dispatch in any Office within at farthest the space of a few minutes. 4th. The want (which is experienced in Registry Offices under all other systems) of the means of obtaining direct information upon the suite of the Title of any Uo.fristercd I'roporty ; exclusive, of course, of a personal search made by the solicitor or party interested, which must in nil instances prove tedious and often iiielleetual. 1 will (-online myself to the subjects enumerated under these four heads ; it not being my intention here to enter upon a more enlarged system of Registration, for Registration is a most comprehensive science, and is capable of being adapted to the necessities of all countries, so that hy certain modes in its operation, it will be found eapalile of simplifying till transactions in connection with land, the result being that out of confusion anil mystery may be established order and intelligence.

If, however, i can prove to your satisfaction that the Numerical System of Registration fully provides what, under the four heads enumerated above, J have represented as not existing or forming a part of any oilier system of Registration, and as these comprehend all that is essentially necessary in a sound system, I sincerely trust as you value your estates, hate litigation and the heavy taxation of properties by the expensive and tedious process of searching titles, (as in Sydney and elsewhere) that you will have no hesitation in taking steps to provide that those truly objectionable clauses which were retained from the old Ordinance shall be expunged, and that those which appear altered and introduced into the amended Act shall he at once sulisi it tiled for them.

Von will then he in possession of a sound system, of Registration, comprehending all that 1 Believe Registration i> capable of conferring ; it anything more Be added to it, 1 unhesitatingly say, it will prove detrimental, for of all things Registration should not Be too heavilv Burdened, lest it Become complicated. And on the other hand, if less Be yielded than 1 require in the Amended Act it will he incomplete. 41 hj. To return to subject No. 4 in the Beginning of mv letter. 1 have now to show how the Numerical System of Registration fully supplies what I have described as Being absolutely essential in every good svstem of Registration, and which 1 have represented as Being deficient or wanting in all other modes. Ist. The first of these is—The want of some clearly defined means for keeping united together, by a plan which will not admit of the possibility of error, those Instruments which relate to the same property, so that these may Be all accessible in a moment, and that the nature of each may Be known at a glance. The Numerical System effects this By the following simple process When a Deed is presented for Registration, it is numbered consecutively in the order in which it was received. This number now becomes the designation of the property, call it for illustration 2000 ; this number is placed in the Book of Consecutive Numbers, which will direct you to the places at which it is record ad, and to the Title page assigned to it in the General Index Book.

Whenever the property is sold or mortgaged, the Conveyancer will insert in the body of the new Deed of Transfer the No. 2000. The new Deed when Registered, is also numbered consecutively ; call it now for illustration 5000. The property is now known either bv the No. 2000 or 5000, and when 5000 is again sold, the Conveyancer will enter 5000 in the body of the new Deed, and so on for a hundred times, if the same property happen to be sold as often. Bv this simple process, all the Instruments relating to the same property arc kept united together as links upon the same chain ; therefore, each Deed when Registered receives a new number and each is entered in ihe Book of Consecutive Numbers, and all arc placed in consecutive order, as Registered upon the Title page assigned to that property in the General Index Book ; while any number so inserted upon that page, will bv a reference to the Book of Consecutive Numbers, direct yon to the page, where all have been registered. Every subdivided property receives a new Title page, and is dealt with exactly in the same manner, with the addition that a reference is given pointing hack to the page where the root of the property was Registered. The title page will also show the date and nature of the different Instruments Registered thereon, and afford further information as I will presently show. It now follows that when a party desirous Jo make a search brings with him the number 2001), 5000 or auv other winch was endorsed upon a Registered Deed, he can himself by calling for the Book of Consecutive Numbers, ascertain at a glance till the Instruments, and the nature of each which lias been registered affecting that particular property. This operation is performed in two minutes in this otlire. This natural and simple process, set once fully supplies want No. 1, which is not provided for in any other system of Registration. No. 2 is—The want of some established rule by means of which, when a Deed is presented for Registration, it can at a glance he discovered, whether the property to which it refers is truly and faithfully described therein.

The Numerical System ot Registration supplies ihref rules for establishing perfect identity to Registered properly, and which from the sirongeombination which tliev form,- may be fairly pronounced infallible in effecting tins object. 1 have already shown Unit to every property registered a Title page is assigned, niton which are inserted the numbers of the different instruments, which have been registered thereon. Lpon the same title page is also exhibited a plan of the Land which was exhibited in the first deed or Crown grant, which was registered upon that page, to which is also added the names of the parlies to the various instruments numbered thereon. These, therefore, number, plan, and names, form the three groat barriers against error and afford also to tlie Registrar the means of discovering in a moment whether the property alienated in the Deed presented for Registration is truly and accurately described.

This great disideratum in Registration being effected, litigation may from henceforth be pronounced extinct as regards registered properly. Identity to Registered property is ascertained in the following way :—When it Deed is presented for Registration, the Registrar looks in the body of it lor the number which was endorsed on the hist deed alienating the same property. Having found this, he refers to the Book of Consecutive Numbers, and is directed by it to the title page, assigned to this property. If he finds inserted thereon the number in question it is the identical properly. He next looks to the parties names, and discovers that Brown was alienee to the last Registered Deed, he consequently should appear as vendor in the new Instrument, litis, he finds also correct. Lastly, lie looks for the description of the property and the. plan, and finds that in every particular it corresponds with the plan assigned to the same property upon the title page. Tliis surely cannot hut he regarded as indisputable evidence of the validity of the Title. The new instrument is now numbered and entered upon the same title page ; and when the properl}' is again sold, the number endorsed upon it will, ns 1 have ulreadv shown, he inserted in the body ofthe next Deed of Transfer. By litis means want No. 2 here referred to is fully met. No. Jis the want of some comprehensive and intelligible plan by means of which searches may he conducted, so that lite information required can beobtained with accuracy and despatch in tiny Olliee, within the space til furthest of a lew minutes. How tins may he effected. I have already clearly shown in the foregoing remarks on want No. g. I shall therefore only repeal that every property has its own title page, tind upon it are. entered all the Deeds which hat e been registered affecting that ['articular property, the parties names to each and the plan of the property with the respective numbers attached to each. A party, therefore, desirous to investigate the 'Title to any particular property, has only to take with him to the Registry Office, the number which was endorsed on any one ofthent, cull for tlie Book of Consecutive, numbers, and then lie will have tit,once before him all the essential points which lie can require to know relating to the. property.

No. 1 is the want, in all Registry Offices under all other systems of tiie means of obtaining direct information upon the state of the title of any registered properly, i xehisiw ofei ttrscof a personal search made hy the solicitor or party interested, which in many instances [trove tedious, and often inefficient and ineffectual.

Tito efficiency of every Registry (Iffiee can alone be tested by die despatch and accuracy with which information hearing upon properly can be afibrded. if the process ofnt riving at litis be found to be tedious, the system must be bad, because it exhibits contusion.

Hut when heavy expense is incurred, then its defectiveness becomes also a serious additional tax upon property. , , As the efficiency, therefore, of every Registry < mice depends upon the accuracy and despatch with which information can he obtained, it remains now to show by what means this can he secured.

1 have often repealed that a search is made in our office iu two minutes, and F have proved this to the satisfaction of the Colonial Treasurer when he was engaged in examining into the merits of the Numerical System of Registration. ' The question then is, How is lifts effected ? Evidently in one way only, namely, the Registrar must, by the plan already exhibited, have the titles to till registered properties fully completed up, and ready consequently at a moment’s notice Tor examinailon and inspection. I need not again repeat how this is accomplished, Because I have already shown and proved it under the preceding heads. Nos. 2 and •'!. Flic performance of this (Inly adds much to the importance and responsibility of the Registry Office ; but I conscientiously believe the same can never he efficiently and satisfactorily performed through any other means.

In the amended Act about to be placed before you for consideration, the alteration will be such as common sense will, 1 feel persuaded, fully justify. They will lie regulated so that the sharp man will no longer be able to overreach his neighbour, and the honest man’s title will not he damaged by the suppression of deeds, necessary to elucidate it.

The registration of bad titles will cease, because it would effect no other object than that of exposing what it should be rather the object to keep concealed.

The Registration of Deeds, like everything else, must he good, or it will prove an injury to society ; it must Be free from mystery or obscurity, so its to afford to every man the means of discovering at a glance whether lie is purchasing a good title or a bad one. 1 am aware that a strong prejudice exists against the adoption of any measure in connection with Registration without the authority of gentlemen learned in the law.

If, then, tlie law introduces a system which is cal 'itJated to add mystery to this subject, so that judgment cannot Be. pronounced as to the state ' I titles without a month's searching (ns in some offices ', would it be wise to accept it ? And if, again, a system is introduced By one unconnected with the law, which in practice has been proved to aHord ample and accurate information upon the same subject within a fortieth part of this lime, would it Be discreet to reject it-

Had registration most utupiesiionably proves a source of wealth to professional men, and though the trainers of ihe diflerettt svstems in use were, I sincerely believe, not influenced by such motives, still they are not free f rom censure for introducing them, when they were not possessed of.the praetical experience necessary for so serious and important an undertaking. As I hold myself in a large degree responsible for the success of a measure which, at my pressing solicitation, was established by law for this Province—surely I have also a claim on the Council that they will afford me the means of carrying it out efficiently by sanctioning those alterations in the Act which are necessary for the purpose

I nave the honor to remain, Gentlemen, You- obedient servant, Roukkt Kici.i.y, Registrar of Deeds,

I subjoin the report of the Committee of the Provincial Council appointed to investigate the System of Registration exhibited in the foregoing remarks which was afterwards embodied in an Act passed by that House on the 15th April, 1856, together with the remarks of the Colonial Secretary, when the measure was first introduced into the General Assembly.

Report of the Select Cumiuitlee to whom the Deeds

Registration Hill was referred Jur consideration

Your Committee have made themselves practically acquainted in the Registrar's office with the forms emploved under the system of Numerical Registration, and, upon trial, found themselves able to investigate lilies to property, from deeds taken up at random in the office, with perfect facility. Your Committee tind that the system of Numerical Registration lias the advantage of enabling any person to transact his own business in the Registrar s olliee, without resorting to professional assistance. Your Committee tind that, by the system of Numerical Registration, a pecuniary saving to the Province, of no trilling amount, is effected; three clerks being able to perform duties which more than twice that number would, under the system formerly in operation, scarcely have sufficed. Your Committee tind that, owing to difficulties which were pointed out to them by tile Registrar, it had become impossible to continue any longer the system which was enjoined by the Land Registration Ordinance of 1841; and that the Registrar of Deeds found himself placed in the situation of either changing the system, upon his own responsibility,or of allowing Registration to cease. Your Committee find that, although the Registrar acted, and is still acting, without direct authority as to the mode of Registration, that proper authority should be given, by Legislative enactment, without ihe least possible delay. Your Committee, viewing the Hill referred to them as little more than the legalization of a system that has been actually in operation for three years past, and which, in their opinion, has successfully stood the test of experience, do not recommend to the Council alterations in the details of the Hill, unless for the purpose of expressing more clearly the present practice of the. Registrar’s office. Hugh Cauleton, Chairman.

The Co i.o n t ai> Skcuutaky also referred, in highly complimentary terms, to the Registrar of tins Province for the clear manner in winch rite books were kept. 'The subject, however, was so important that the whole Colony should have ample time for consideration, and the present session could hardly do justice to (he subject. The Registrar should, in tt manner, be also the conveyancer, and exercise vigilance over every successive transfer, even correcting defective points—although tliis might probably overstep the law. It would be, at till events, useful. Briefly referring to the Scheme, he found it provided means to bring all deeds relating to one piece of land under one head. 'These were identified in one connected chain, each instrument bearing tt number referring to every anterior deed. The machinery ofthe present Registrar was in fact very perfect, tind the Ordinance proposed to be introduced had been de facto acted upon for some time. 'There was hardly time for completing the Bill litis session; hut during the recess, the Government and the lawyers of the Colony might, pay attention to the subject,’and tints they would be more prepared at a future session to introduce it in tt satisfactory manner.