D-No. 1

PROPOSED REGULATIONS UNDER THE plan of the Land with a reference to a Registration Map; and this, with the addition of the District, Locality, and contents will, in my opinion, be sufficient. As a safeguard against fraud, every transcript map will be liable to be tested by actual comparison with the original maps and with other transcripts and counterparts, which will serve as a sufficient check and a means of correcting errors. I may perhaps add that, if the present practice of using word-descriptions (sometimes very long) in Crown Grants, were discontinued, a great saving of time, labour, and expense would be obtained. The form for registering the Proprietorship of Land will bo found in Regulation Every such entry will have its plan copied on the opposite leaf or page of the Register, the plan forming, in fact, part of the entry. Every entry will be signed by the District Registrar. As regards notice of Charges, Leases, and Inhibitions, I propose to subjoin to every entry of Proprietorship a Minute referring by number to such Charges, Leases, and Inhibitions. In like manner I propose to subjoin a Minute of the discharge of incumbrances. The entries in the Register will be consecutive in order of date. Each Title will be registered as it comes in, without distinction of locality; but, there being a distinct Register number to each entry, the alphabetical and local Indexes, referring to such Register number, will be a guide to the public in searching the Registers. X. As regards Charges, there are two modes by which an Incumbrancer, having a money claim on Land, may obtain the protection of the Register. Ist. Either by registering his Incumbrance as a Charge, for which specific provision is made by the Register of Charges, or, 2nd, by lodging an Inhibition. The first class is restricted to legal securities created by the registered Proprietor, and directly attaching to the Land, —such as Mortgages, Judgments, and Crown debts. The second class will apply more particularly to derivative and subordinate interests, of an equitable kind, and which, are protected by Rules of equity and the doctrine of notice. Inhibitions, under the now Law, will serve the purpose of notice under the old, —but more effectually. At the same time, a person having a Mortgage or other direct Charge on Land, may, if he pleases, protect his security by Inhibition, as, by English law, a puisne Mortgagee protects himself by notice. In accordance with Section 41 a separate Register of Charges is to be kept. The form of entry of Charge which I propose will be found in Regulation . The entries will be made consecutively, in order of date as they come in. The alphabetical and local Indexes will guide the public in searching this Register. To each entry there will be a Register number to which reference will be made, in the Indexes. XI. In addition to the Registers of Proprietors and of Charges, I propose to keep, A Register of Leases and Agreements, and a Register of Inhibitions. These are not expressly required; but it will be more convenient to register them separately, than to load the principal Registers with details of derivative transactions. Each entry in these supplementary Registers will be consecutively numbered, and the number will be a means of reference. The form of entries which I propose for these supplementary Registers will be found in Regulations XII. It will be necessary that the entries in the Registers should be kept carefully, and as free as possible from obliteration or alteration. It is therefore desirable that there should be a Book of Primary Entry. For this purpose I propose that the District Registrar shall keep a Journal, in which shall be entered consecutively, as they occur, all transactions which are to be recorded in the respective Registers. It will be convenient for purposes of Reference that the entries in this Journal should be numbered consecut vely, and the Journal number noted in the margin of each entry in the Register. The entries in the Registers will be transcripts from the Journal, except that it will not, I think, be necessary to copy Plans into the Journal. It will be the business of the Registrar carefully to examine and correct the Journal, so that Clerks may transcribe the entries neatly and accurately into the Registers. XIII. Minutes must be kept daily, from which the Journal may be compiled. For this purpose there must be a Book, in which to enter all particulars requisite for preparing the Register entries. These Minutes will be rough notes, which need not be in any exact form, care only being taken to record every essential particular of the various transactions. The process then will be this :—First, the District Registrar, w r ith the assistance of his chief Clerk, will make full Minutes in the Minute Book. From these, the Journal will be compiled, under direction of the chief Clerk, and will be examined by the Registrar. From the Jdurnal, the entries will be carried off' to the respective Registers. The Registrar will be responsible for the accuracy of the whole; and it will, where requisite, be authenticated by his signature. The Books which I have described will form what may be termed the body of the Register. XIV. Indexes are essential to a Register. I am unable to comprehend a system of Registration which does not satisfy this requirement. Having by means of maps and the sectional numbers thereon, and by the numbers on the respective Registers, obtained symbols of reference, I do not foresee any difficulty in keeping perfect Indexes.

Notice of Charges.

Register of Charges.

4 Registers of Leases & Inhibitions,

Journal.

Minute Books.

Indexes.