CO129-056 - Sir Bowring - 1856 [6] — Page 216

The 15 & 16 Vict. c. 86 has been transmitted by express to Hong Kong, and the Registrar’s Ordinance has been extended to Traleow.

Lis Pendens in the cases mentioned by that statute will be too beneficial to the creditor to permit a doubt as to the certainty of its being put into practice here without any long delay. In the recent case of Gingell & Rievaccher, indeed, I know that, but for the submission of the defendant’s agents to give the required security for the plaintiff’s debt, the Lis Pendens would have been forthwith entered upon the Register of this Court as a charge on the landed estate of the defendant.

If any change, such as that advised by Mr. Alexander, is adopted, it is obvious that some inconvenience may be avoided by effecting the change before any entry of that kind has been made in his books. Otherwise, it will be necessary to provide by legislation for the transfer of the entries made by the Registrar into the Books of the Land Offices—a necessity which it may be as well to obviate.

I have only to add that the Solicitor for the plaintiff in the case already cited, in instructing me to take the requisite measures for the attainment of the objects of that claim, expressed his strong opinion to the same effect with the Registrar, as to the desirableness of the change proposed. That gentleman is Mr. Parsons.

The proposed change can be made only by Ordinance. His Excellency is aware of my having had this matter long under my consideration.

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