2101.
PUBLIC RECORD OFFICE
Reference :-
LLC.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO |
MY LORD DUKE,
No. 240.
(CEYLON.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, March 4, 1864.
We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 19th January 1864, stating that he was directed by your Grace to submit, for our consideration, the accompanying Ordinance passed by the Legislature of Ceylon, entitled "An Ordinance to provide for the registration of titles to land, and of all No. 8 of "deeds affecting land in this Colony."
Sir Frederic Rogers was also pleased to state that we would observe that, when any district is surveyed it may be proclaimed to have come within the operation of the Ordinance, and that thereupon the Registrar shall call upon all persons having claims to land within the district to prefer their claims.
That provision is made for the settlement of disputed claims, but it does not clearly appear what scrutiny is to be applied to those which are undisputed (cf. sections 13, 16, 17, 18).
That the claims put forward will be published in the district by various methods (sections 21, 22). That if they are not disputed within six months the claimant may require, and the Registrar will be bound to issue, a " Certificate of Title," which, except in certain specified cases (sections 32, 33), will have the effect of barring absolutely all other claims to the land (section 33).
That a somewhat similar case occurred in another Colony where it was extremely desirable to establish irregular titles and to enable owners of land to sell it. That in this case the interest of incumbrancers, reversioners, and adverse claimants, whether absentees or others, were protected by provisions to the following effect :-
}
1. Before the issue of a certificate of title, every claim was to be examined, and a Government officer was to certify that the claimant had such a prima facie claim as would be accepted by a willing purchaser; and
2. That for a certain number of years the certificate should not have the effect of barring adverse claims in favour of the registered owner himself, but only of purchasers for valuable consideration from him; and that for the above period the wrongly registered owner, even after sale should remain personally liable to the rightful owner for the value of the land.
That it appears also to deserve consideration whether reversioners should not be placed on the footing of persons under disability, by being allowed to assert their right for a year (or other specified time) after it accrued; and whether merely fraudulent registration or attempts at registration should not be punishable.
That having reference to theso points your Grace was desirous of knowing-
1. Whether Her Majesty can properly be advised to confirm this Ordinance in its
present shape.
2. If not, what alterations the Colonial Legislature should be required to make an a
condition of its confirmation.
In obedience to your Grace's commands, we have taken this matter into our con- . sideration, and have the honour to
Report
That (1) we are of opinion that Her Majesty should not be advised to confirm the Ordinance in its present state, but that it requires reconsideration and amendment.
(2.) We agree with the observation of Sir Frederic Rogers that the Ordinance does not point out with sufficient clearness what scrutiny is to be applied to undisputed claims; and we think it essential that all claims, whether disputed or not, should undergo a careful investigation before being admitted to registration.
We think the period of six months, after which, under section 32, the certificate is to bar all claims, except those therein excepted, too short; and that persons claiming estates in remainder in reversion should be allowed a longer period for asserting their claims than persons claiming estates in possession.
0 16978.---549. 25.---9/06.
1863.