Page:An essay on the transfer of land by registration.djvu/30

 therewith, either absolutely or until after notice for a time specified has been lodged at an address given. The registrar is also empowered, if he deems fit, in the interests of cestui que trusts, to lodge caveat for their protection.

The system is metropolitan. Under it a vendor meeting his purchaser, or a mortgagor meeting his mortgagee, at Cork, would procure the prescribed form of contract at the nearest stationer's, fill it in, and sign it in presence of a notary. The purchaser or mortgagee would see the exact state of the title upon the inspection of the duplicate certificate in the hands of the registered owner; and, having ascertained by telegram that there were no caveats prohibiting the dealing, might, with perfect safety, pay over the stipulated sum in exchange for the contract of transfer, or of charge, together with the certificate of title, which he would forward through the post to the capital to be registered, with a Post Office order for the fees, and receive back the instruments endorsed, with certificate of registration. In such cases the sole advantage of "district," over "central" registration appears represented in the cost of postage and telegrams. As this central method works satisfactorily in the widely-scattered population of Australia, there can be no doubt of its success in this country, where the facilities of communication are so superior.

Probably the best mode of conveying to my readers a clear perception of the manner in which dealings in land under this method are conducted, will be by quoting the evidence given to the House of Commons Committee of 1879 by Sir Arthur Blyth, Agent-General for South Australia, in which colony he had resided over twenty years, holding a high political and commercial position. He says (pars. 1778 to 1867 of his examination): "Registration of title is almost universal; for one transaction under deeds now there are a thousand under the Real Property Act; it is a curiosity if you get a person with deeds. To a person wanting to borrow money of me I should say first, 'Real Property Act, I suppose?'