D—No. 1

PROPOSED REGULATIONS UNDER THE " land or charge, cause a Transfer to be made to any new Proprietor or Proprietors, solely or "jointly, with or in the place of any existing Proprietor, or may make such order in the premises as "such Judge thinks just." 2nd. By Section 100: In Suits for specific performances, the Court may " require parties " having registered interests to appear, and may make a binding order on them in such suits." 3rd. By Section 103: The Court may hear and determine appeals from the District Registrar. 4th. Sections 106, 107, 108, 108, 109, and 110, gives the Supreme Court jurisdiction upon cases or issues directed from the Registrar-General. sth. Sectioalll, gives the Supreme Court jurisdiction over the Registrationofficers. 6th. By Section 112: "Parties claiming any Estate or Interest" [it may be well to extend these words to the classes entitled to lodge Inhibitions; see previous observations] "in any Land "or Charge affected by Registration, may apply by Petition, in a summary way, to the Supreme " Court, which is authorised to hear and determine the same, either with or without notice, to the " parties interested, and may direct enquiries, declare the rights of such parties, and make such " Orders and Decrees as shall appear requisite for giving effect to such rights, so far as the same " shall not expressly conflict with the provisions of the Act. The Registrar-General and District " Registrars are bonnd to obey and give effect to such Orders and Decrees." The effect of these provisions is to make the Supreme Court, practically, a Landed Estates Court, with wide and summary jurisdiction. With this view, the Court is empowered to proceed. upon the application of any party whose right may be affected by Registration, upon Petition, in a summary way, with or without notice to other parties. The general rule of Equity is, that no Decree or Order can be made affecting rights in which others are interested without the presence of all parties before the Court. It is from this mainly that the cumbrous nature of Equity Practice has arisen. The English Act —15 & 16 Vie, c. 86—has altogether changed the practice of Courts of Equity in this respect, by dispensing in a variety of cases with parties to a suit. The present Act extends the principle of that Act. The powers so created are, no doubt, extensive and and summary,—but a consideration of the peculiar circumstances of the Colony will satisfy any person of the necessity there is for a provision of this nature. The difficulty of reaching persons at a distance would otherwise practically frustrate the jurisdiction of the Court. Whatever Claims or Interests persons may have in Land, or Charges on Land, the Act thus supplies them with a swift and sure remedy, wheresoever such Claims or Interests may be affected by Registration. They may petition the Supreme Court in a summary way. Upon the hearing, with or without the presence of other parties, the Court may make an Order suitable to the circumstances, for example:— Ist. For an Injunction to Restrain the Disposal of any Land or Charge. 2nd. That the Proprietorship of the Land or Charge shall bo Transferred. 3rd. That a Charge shall be Registered. 4th. That an Inhibition shall be Lodged. Generally, whatever may be necessary "for giving effect to the rights of parties applying." These orders and decrees the Registrars are bound to obey and give effect to, and they may, of course, be enforced by attachment. The Supreme Court will be the proper judge as to what will be suitable regulations for such procedure. I venture to submit to you the propriety of bringing this under the consideration of the Judges with a view to their framing such regulations accordingly. XLIX. I have stated that the principles governing the disposal of land will not be materially changed by the present law. One important provision should be noticed, qualifying this remark. Section 17 provides that "no transfer or charge of any land granted by the Crown in any " District after the commencement in such District of Registration under the Act shall be valid or " effectual either at law or in equity unless the grantee or his heirs shall have been first registered " under the Act as the proprietors of the land." The effect of this will bo, to necessitate the Registration of title, under every new Crown Grant; a salutary provision for bringing the Act into practical operation, and preventing the further growth of evils under the present law. But this, added to reasons already existing, appears to me to involve the necessity of changing the practice as regards the issue of Crown Grants. One of the great causes of difficulty of Title in the Colony has been the long interval between the sale of land by the Crown and the issue of the Crown Grant. This is felt particularly in the Southern Provinces. In the last session of the General Assembly a Bill was introduced for remedying this evil. But from the lateness of the period at which it was brought in, it was lost in the Legislative Council. This measure provided a machinery for issuing Crown Grants in the respective Provinces. The Governor was enabled to delegate his function of issuing Crown grants to public officers resident in the Provinces. A special Seal was to be provided for each Province. The Governor was to lay down regulations for the exercise of such delegated powers. A measure of this kind now appears to me imperatively required. There will always exist a necessity for enabling parties to deal with their land so soon as they have purchased it; in many cases a man is obliged to mortgage, the instant ho has bought; the mortgage money being advanced to enable him to purchase. So, transactions take place between

Js,sue cf Crown Grants.