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Sale and Transfer of Land. We, however, confine ourselves in this report to registration of the fee and charges on it, and leases; only observing that the system of registration here recommended will be found compatible, as we believe, with the subsequent establishment of the subordinate registry we have mentioned, should that appear advisable, when the registration of title has been found upon trial to answer the ends which are intended to be promoted by it. XLVI. Before proceeding to state in detail the form and effect of the registration we propose, it may be convenient that we should advert to some questions of primary moment which affect the subject of registration of title generally, and which have received our careful attention, as presenting themselves at almost every stage of our investigation. These questions are:— 1. Whether registration shall be compulsory or voluntary? 2. Whether the title conferred by the registry shall, in' the outset, be parliamentary or unimpeachable, or shall be subject to be defeated by the claims of persons having rights created before the commencement of registration? 3. Whether, if the registered title be not at the outset unimpeachable, interests created before the commencement of registration shall become in any manner bound or affected by the registration after the lapse of any given period, or otherwise? 4. Whether the registry of the legal ownership will be compatible with the due protection of the equitable or beneficial interests in land? 5. Whether it shall be a metropolitan or a provincial registry, or both metropolitan and provincial? XLVII. In considering whether registration shall be compulsory or not, it is necessary to bear in mind the various senses in which a system of registry may be said to be compulsory. 1. One form of compulsory registration of title would be to require all owners or persons in possession of land to make their claims and apply for registration within a limited period, on pain of losing their rights, or of other claimants being admitted to the register upon their default This species of compulsory registration of title we do not recommend. Such a system would tend to disturb possessory titles, by arousing dormant chums and encouraging litigation, and would contravene the general policy of the law in respect to possession, which we deem to be a very wholesome one. 2. Persons applying for registration may be required to prove their title or submit it to a quasiadverse investigation, as a condition of their being admitted to the register. We think such a compulsory investigation of title, though only required as a preliminary to registration, would be highly objectional, and we do not recommend it. It would involve, as has been pointed out in the evidence before us, the necessity of having every title to every acre of land thoroughly investigated by a competent judicial tribunal. It would (a) be distasteful to land-owners, who would be very reluctant to disclose their titles, and it would occasion the bringing forward of many stale and illgrounded claims, would give rise to litigation, and would, wheii completed, be of no practical benefit to. any, except those who contemplated selling their estates. It is also to be borne in mind that many persons in quiet possession of land have bought i± under special or restrictive conditions of sale, which have precluded them at the time of their purchase from calling for strict or proper evidence of the title, and have limited them to some short period of the title in their investigation of it. It would, we think, be highly unjust to call upon persons in such a situation for strict and technical proof of their title, such as alone any public authority charged with certifying titles ought to be satisfied with. 3. Registration of every dealing with land may be rendered as essential to perfect such dealing as any other solemnity which is required for the legal alienation of land. This is another description of compulsory registration. We think however, that it is unnecessary, to adopt any such principle of compulsion. Except so far as the object of securing a register of the ownership for the protection of purchasers requires registration, dealings with land not perfected by entry on the register ought to be allowed to have effect. 4. Registration may be rendered necessary in order to obtain priority for a transaction affecting land as against another transaction relating to the same land which may claim the protection of the register ; in other words, as between two transactions affecting the same lands, priority may be given to that which is first entered on the register. With reference to registration compulsory in this sense it has been urged, (b) on the one hand, that by not making the original registration of title compulsory the gradual adoption (if it shall take place) of the system will be, so far, a test of its usefulness and suitableness to the condition and wishes of the country, whilst its non-adoption would render it innocuous. It

Certain preliminary questions stated.

First question (compulsory registration) considered.

(a) Mr. J E. Walter's evidence. (6) Mr. J. B, Murphy's evidence.