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which transactions will be challenged, and cannot therefore
left the present restriction until the establishment of the
Civil Courts, when aggrieved persons will, by registration of
lites pendentes, be able to protect their interests.
4. LEGAL POSITION.
If no further legislation is enacted, the legal position
would appear to be as follows:
(a) The Registration effected during the Japanese Occupa-
tion did not comply with the Land Registration Ordinance and in
the absence of military necessity for such non-compliance, is
invalid.
(b) The assignments, not being made by deed, were inopera-
tive to pass the legal estate.
(c) As soon as the ban on Japanese Occupation transactions
is removed, such assignments and generally all instruments, etc.
within the scope of the Ordinance could be registered.
(d) Such registration would have to be effected in accord-
ance with the
Ordinance but, even if so effected, the defect
in title would not be cured unless the legal estate was brought
in by fresh assignment or confirmatory deed.
(e) The entries made in green ink in our Registers cannot be
deemed to be entries made in pursuance of the Ordinance.
(f) It is at best doubtful whether any Japanese Registra-
tion or the transcription in green ink into our Registers would
operate as notice to a person succeeding in registering a fresh
transactions before the transaction to which such Japanese
Registration or transcription related had been properly regis-
tered, (Section 4 of the Ordinance), or a lis pendens entered.
5.
>
PROPOSED SOLUTION.
In these circumstances, it is difficult to suggest a
solution which is satisfactory to all parties. The following
solution however is suggested for consideration,
Provide by legislation
(a)
that the entries made in green ink by the Land
3