Page:An essay on the transfer of land by registration.djvu/22

 CHAPTER II.

lands alienated from the Crown subsequent to the date appointed for registration of titles to come into operation remain thenceforth subject to its provisions. Lands granted prior to that date are brought under that system upon the voluntary application of the proprietors, and cannot be withdrawn from its operation. The procedure is as follows:—The person or persons in whom, singly or collectively, the fee simple is vested, either at law or in equity, may apply to have the land placed on the register of titles. These applications, together with the deeds and other evidences and abstracts of title, accompanied by plans of the lands, furnished by licensed surveyors and certified correct by statutory declaration, are submitted for examination to a barrister and to a conveyancer, who are styled "examiners of titles." These gentlemen examine the titles precisely as they would do on behalf of an intending purchaser under the old law. They report to the "Registrar," or "Recorder of Titles," as he is styled in some colonies—1st. Whether the description of the parcels of land is definite and clear; and in this they are assisted by a land surveyor and draughtsman. 2nd. Is the applicant in undisputed possession of the property? 3rd. Does he appear in equity and justice rightfully entitled thereto? 4th. Does he produce such evidence of title as leads to the conclusion that no other person is in a position to succeed against him in an action for ejectment? Should the applicant fail to satisfy the examiners in these particulars the application is at once