LAND REGISTRY ACT, 1860. •" and he shall record the particulars thereof; and he shall not proceed with the proposed "" Registration, until he shall be satisfied as to the foregoing particulars." It will be expedient to note, on the Register, the day on which the Husband's name is added in the Register. XXXVIII. Two classes of interests in land are alone made direct subjects of Registration, viz.:—■ 1. Simple undivided proprietorships of land; 2. Charges thereon, created by a Registered proprietor of Land. All other rights and interests are simply saved or protected. And first The Act itself provides by Sec 19, that 1. Rights of way, watercourses, rights of water, and other easements; 2. Leases or agreements for leases for any term not exceeding 7 years, in eases where there is occupation under such leases or agreements, shall not be deemed incumbrances on the land, and the land shall remain subject to them. Registration will not affect these interests. XXXIX. Without defining exactly the term easement, many qualified modes of enjoying land and its profits will not come within that term ; for instance, rights of pasture, mining, fishery and the like. All such rights therefore, when granted away from the inheritance, will require to be expressly protected by inhibition unless they be granted by lease whereof notice is registered or by " lease or agreement for less than seven years coupled with actual occupation."* XXXIXb. The Act is silent as to the Registrar's right of investigating the Title of parties lodging notices of leases. But such a right appears to me necessarily implied. There may be ground for ssuspecting their validity. Pending investigation it may be necessary to register the notice provisionally. I have framed Regulations to this effect. If there be a doubt as to the Registrar's power of provisional registration, that doubt should I think be removed by express enactment. XL. Section 58 provides that " notice of any lease or agreement for a lease of registered •" land made subsequent to the last transfer of the land" may be registered. This must be limited to leases &c, made by registered proprietors. But leases may be made by equitable owners. In such cases the lessees may protect themselves by inhibition. XLI. No provision is made by the Act for recording the surrender or other determination of a lease. I suggest the expediency of making express provision in anew Act to the following effect: " When any lease or agreement for lease, whereof notice is registered, shall be surrendered or " otherwise determined, the District Registrar shall, upon proof thereof to his satisfaction, cause the " entry of such notice upon the Register to be cancelled, by writing across the same a minute " indicating such surrender or other determination." XLII. It will he useful to consider the precise relation in which registered lessees will stand to registered proprietors, and their remedies against the land. The Act does not expressly declare that Leases, whereof notice is registered, shall be valid in law as against registered proprietors. But the 58th Section enacts that " where such notice is registered, every registered " proprietor and every person deriving Title through him except proprietors of charges, registered " prior to the notice, shall be deemed to be affected with notice of such lease or agreement." The intention is obviously not merely to give to such lessees a remedy in equity, but to preserve their legal title, and to secure to registered leases their full legal operation as against registered Proprietors and all persons deriving title through them except in respect of charges antecedent. If there should be doubt on this point, it will be well to remove such doubt by express enactment. By a different construction, no lease for more than seven years could carry with it the incidents of legal title. A lessee's remedy would only be in equity, and he would be obliged to use the name •of the Proprietor of the land in actions respecting his holding. This would be inconvenient and might to some extent prejudice the value of leasehold interests. XLIII. I come now to that wide class of interests which will require to be protected by ] Inhibition. The 57th Section gives power to any person having a sufficient estate or interest in or power over registered land by unregistered instruments to create therein the same estates and interests as he might create if the land were not registered. Parties claiming under such unregistered instruments may protect the same by notice (in the case of leases) or generally by Inhibition. Section 60 gives to any person who shall, subsequent to the last transfer ■of the land on the Register, become interested in any land or charge " Power by Inhibition to " prevent any dealing with the land by the registered Proprietor to the prejudice of the persons " so interested but no further or otherwise."

D—No. 1

Unregistered dispositions & the protection thereof.

Profits, c. g., Mines, Fisheries, &c.

Leases.

Equitable Leases.

Surrender of Leases.

Relation between Lessees & Proprietors.

Inhibitions.

* Note.—As actual occupation is essential to protect leases or agreements for less than seven years, such a lease or agreement, without actual occupation, as an interesse termini, or a reversionary lease, will require either to be registered or protected by inhibition.