D—No. 1

PROPOSED REGULATIONS UNDER THE 80. Every such original Will probate or office copy shall be deposited with the District Registrar, and shall be properly numbered for reference, and kept in some proper place of safe custody. 81. Where an original Will or Coc'icil shall be produced for the purpose of Registration, the District Registrar shall require proof thereof by at least one of the Witnesses, if resident within the District ; or such other proof as would be required of Wills or Codicils in Courts of Equity. 82. Provided, that as regards Wills and Codicils, executed out of the Province, or in case of the absence of witnesses, the District Registrar may dispense with proof by witnesses of such Will or Codicil, on receiving evidence to his satisfaction, as to the custody from which such Will or Codicil came, and such other evidence as may satisfy him of the genuineness and validity of such Will or Codicil. 83. If by the Will or Codicil of the deceased Proprietor the Land be devised to any person or persons absolutely, such person or persons shall be registered as Proprietor or Proprietors in place of the deceased Proprietor. 84. If the same be devised to more persons than one as Tenants in common, the Devisee of each share in common shall be registered as Proprietor in respect of such share. 85. If such devise shall be subject to charges, which, in the judgment of the District Registrar, should be protected by Inhibition, the Title shall be registered subject to such Inhibition, which the District Registrar shall lodge accordingly. 86. If the devise be to Trustees, such Trustees shall be registered as Proprietors, subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly. 87. If the devise be for particular Estates, or subject to limitations, powers, or conditions, the Title shall be registered in the name of the devisee for the first estate of freehold, if he shall appear to the District Registrar a fit person to protect the rights of parties interested under the Will or Codicil—-and if not, then in the name of such other person, as shall appear in the judgment of the District Registrar to be the fit person: subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly. 88. The District Registrar shall not make any entry, in the case of transfer of Title on the death of a deceased Proprietor, until he shall have first transmitted full particulars of the whole case to the Registrar-General, who may direct the District Registrar what entries to make; and the District Registrar shall in all things conform to such directions of the Registrar-General. 89. When an infant shall be entitled to be registered as Proprietor in the last mentioned cases, the guardian, or person entitled to be guardian, of such infant may be registered in his or her place, subject to an Inhibition for protecting the rights of such infant, which Inhibition the District Registrar shall lodge accordingly. 90. When a married woman shall be entitled to be registered as Proprietor, in the last mentioned cases, the husband of such married woman may be joined on the Register with his wife as co-Proprietor, in right of his wife: subject to the conditions and regulations applicable to the Registration of a husband, in right of his wife. 91. Where the person entitled to be registered as Proprietor, shall appear to the District Registrar to be an idiot or lunatic, the District Registrar may register the Committee of such idiot or lunatic as Proprietor in his or her place: subject to Inhibition for protecting the lights of such idiot or lunatic, which Inhibition the District Registrar shall lodge accordingly." 92. Where, upon the application of any person to register the Title to land of a deceased proprietor, it shall appear to the satisfaction of the District Registrar, that the deceased proprietor died intestate, the District-Registrar shall cause an advertisement to be inserted in some Newspaper circulating in the Province, calling on persons to come in and establish their claims as Heir or Heirs at Law of the deceased; and he shall, in such advertisement, specify a day and time and place for hearing and determining such claims; at which time and place ho shall examine such claims, and shall hear any parties then present, tendering evidence or information in reference thereto, or to the Heirship of the deceased; and he may from time to time adjourn such hearing; and he shall ascertain, to his satisfaction, the Heirship to the deceased; and shall compile or cause to be compiled a proper Pedigree to the deceased, showing such Heirship, and the degree of consanguinity to the deceased; and shall transmit the same with the verifications thereof to the Registrar-General.