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(iii)

encourage registration. If the registrar were charged with the duty of registration only, his natural inclination would be to magnify his office by registering as many titles as possible.

constitution.

To meet this view of the case the Bill proposes to constitute a Proposed board of registry, consisting of a registrar, an examiner of titles, of board of and an assistant registrar. The system should be as flexible as registry. possible, and the Lord Chancellor should be enabled to appoint as registrar and assistant registrar any persons whose qualifications shall make them, in his opinion, well akilled in organising a system of registration.

paas laga!

A second motive power given by the Bill is to declare that the Registration legal estate should pass only by means of registration, and that all required to other estates should be equitable. A solicitor therefore who recom- mends his client not to register will involve him in the risk of losing his estate if some other person registers before him.

Thirdly, any person having registered a qualified or possessory title will be able to have his title confirmed as an absolute title after the expiration of five years and due publication of notice of claim to register.

branch

Fourthly, the Bill proposes to provide throughout England Establish- district registries, to be gradually established, as convenient centres ment of for the sale and purchase of estates where persons desirous of registries. purchasing small parcels of land may obtain them without any expense except that of the fees for transfer.

representa.

The Bill also proposes that the executor should for the purpose of Executors to registration become a real representative. This proposal, if acceded be real to, will remove one of the great difficulties in registration, and will tives. not in the slightest degree affect the devolution of real property, inasmuch as it makes the executor a trustee for the persons entitled to the property.

The Bill declares, in all cases of sales by the Court of Chancery Proprietor te where the title is examined and found to be good, the proprietor in one of

be registered shall be registered with a guaranteed title. Such a course will be sales by calculated to show the public, without

Court of additional expense to any

Chancery, the persons interested in the estate, the advantages of an absolute title, and it may be hoped that ere long, if the present depression is removed, sales under the Settled Land Act of 1882 will become frequent, and supply a large harvest of guaranteed titles. Lastly, Discon the Bill proposes to put an end to the local registries of deeds, registries which would, in any place where a district registry under this Bill deeds. was established, cease to be desirable.

tinuance of

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