D—No 1

PROPOSED REGULATIONS UNDER THE " If the devise be to Trustees, such Trustees shall bo registered as Proprietors, subject to " Inhibition for protecting the rights of all parties interested under the Will or Codicil, which " Inhibition the District Registrar shall lodge accordingly. " If the devise be for particular Estates, or subject to limitations, powers, or conditions, the " Title shall be registered in the name of the devisee for the first estate of freehold, if he shall ap- " pear to the District Registrar a fit person to protect the rights of parties interested under the Will " or Codicil —and if not, then in the name of such other person, as shall appear so fit in the judg- " ment of the District Registrar : subject to Inhibition for protecting the rights of all parties " interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly. XXXIII. The following Regulations apply geneially : — " The District Registrar shall not make any entry, in the case of transfer of Title on " the death of a deceased Proprietor, until he shall have first transmitted full particulars of the whole " case to the Registrar-General, who may direct the District Registrar what entries to make ; " and the District Registrar shall in all things conform to such directions of the Registrar-General. " When an infant shall be entitled to be registered as Proprietor in the last mentioned cases, " the guardian, or person entitled to be guardian, of such infant may be registered in his or her " place, subject to an Inhibition for protecting the rights of such infant, which Inhibition the " District Registrar shall lodge accordingly. " Where a married woman shall be entitled to be registered as Proprietor, in the last mentioned " cases, the husband of such married woman may be joined on the Register with his wife as co- " Proprietor, in right of his wife : subject to the conditions and regulations applicable to the " Registration of a husband, in right of his wife. " Where the person, entitled to be registered as Proprietor, shall appear to the District Re- " gistrar to be an idiot or lunatic, the District Registrar may register the Committee of such idiot " or lunatic as Proprietor in his or her place : subject to Inhibition for protecting the rights of " such idiot or lunatic, which Inhibition the District Registrar shall lodge accordingly." XXXIV. In cases of intestacy, the proof of Heirship must be according to the usual rules of evidence, only that hearsay evidence must be admitted freely in proof of Pedigree. I propose that " Where, upon the application of any person to register the Title to land of a deceased pro- " prietor, it shall appear to the satisfaction of the District Registrar that the deceased proprietor " died intestate, the District-Registrar shall cause an advertisement to be inserted in some News- " paper circulating in the Province, calling on persons to come in and establish their claims as Heir " or Heirs at Law of the deceased ; and he shall, in such advertisement, specify a day and time and " place for hearing and determining such claims; at which time and place he shall examine such " claims, and shall hear any parties then present, tendering evidence or information in reference " thereto, or to the Heirship of the deceased ; and he may from time to time adjourn such hearing; " and he shall ascertain, to his satisfaction, the Heirship to the deceased ; and shall compile or cause " to be compiled a proper Pedigree to . the deceased, showing such Heirship, and the degree of " consanguinity to the deceased ; and shall transmit the same with the verifications thereof to the " Registrar-General. XXXV. " Where Land has descended in co-parcenary the co-parceners shall be respectively " registered as Proprietors in respect of their undivided shares." XXXVI. Section 52 provides for the case of Bankruptcy and Insolvency. At present there is no Bankruptcy or Insolvency Law, in force within the Colony. When any such Law shall be made, Regulations may be made accordingly. XXXVII. Sections 53 and 54 relate to Married Women. The obvious intention of the Act is to give to a husband the same interest in and power over his wife's estate which he has under the existing Law. The term " Co-proprietor" is used to express the unity of interest of husband and wife, in right of the wife, during their joint lives. On the death of the husband, it is provided by the Act, that the original Registry of the wife shall revive ; but no provision is made for the case of the wife dying, leaving the husband surviving. The Act appears to me to require amendment in this respect. It should provide that on the death of the wife, leaving the husband surviving, the husband's name shall be removed, and the Title shall be registered in like manner as on the death of a Proprietor, under the 49th Section, viz., in the name of some fit person capable of protecting and giving effect to the rights of all parties interested. The husband may bo one of these parties, as Tenant by the curtesy, and as such his rights may be protected by Inhibition ; but he may, or may not, be the fit person to protect the rights of other parties interested in the inheritance. The practice as to ascertaining the wife's assent to the disposal of Joint Estate should, I think, be assimilatsd to that of England. I propose, therefore, the following Regulation, founded on the Rules of the Court of Common Pleas, Hilary Term, 1843 :— " Upon examining a married woman as to her assent to any disposition of Land whereof, she " and her husband are registered as co-proprietors, it shall be the duty of the District Registrar to " explain to her, her rights in the Land, and the effect of the proposed disposition ; and he shall " enquire whether she intends to give up her interest in the estate to be passed ; and he shall " make a record of her answer thereto ; and where any such married woman, in answer to such " enquiry shall declare that she intends to give up her interest without any provision, the District " Registrar shall satisfy himself of the truth of such declaration ; and where any provision has " been agreed to be made, the District Registrar shall satisfy himself that the same has been made;

General Regulations.

Descent.

Coparceners.

Bankruptcy or Insolvency.

Married Women.