}
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00056
56
cms
2
Ref.:
CO 537/1374
THE NATIONAL ARCHIVES
2
Ins
restrictions Further information is given in the enclosed Terms and Conditions of supply of National Archives' Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright
leaflet.
9.
10,
contd.
register is incorrect. The register contains numerous entries of the registration of deeds
of assignment and of the discharge of mortgages and it is provided by Proclamation No. 6 of 1945 that no dealings in land and no instrument effect- ing any dealing in land shall be registered at any Land Office without an order of the competent
authority.
One inevitable effect of the proposed legislation will be not to simplify but to complicate the existing position, make for considerable uncertainty and multiply and protract litigation for many years. The language of the draft is so strained and open to so many contructions and so much is left to the
discretion and imagination of the Court, and to the shifting onus and difficulties of prof that it will not be until after lengthy litigation, inevitably
ch reading the Privy Council on many points that the legal relationship of debtors and creditors can be
Bottled. It would be far simpler and more satis-
factory to leave the matter to the ordinary course
of existing law the principles of which are generally
understood and have the advantage of much more cert-
ainty and uniformity. There is no question but that
On this issue, the opinion of practising lawyers in the Colony is unanimous.
These comments are submitted from the point of view of
this Bank only at although they are likely to represent the views
of all British and American Banks. It is not desired to express
any view as to the application of the proposed legislation to
others. It is also desired that it be understood that these com-
ments are made entirely without prejudice to the objections which
have been registered against the measure in principle and that they do not exhaust the observations which might be made in detail.
No comments yet.
Private notes are available after approval.