Page:An essay on the transfer of land by registration.djvu/43

 CHAPTER V.

, then, comes it to pass that hitherto all attempts to apply this system to the lands of this country have completely failed, though taken in hand by three Lord Chancellors?

The answer is, that none of the measures referred to have either enunciated or kept steadily in view the fundamental principle upon which registration of title is based. The governing section, the 63rd of Lord Westbury's Act, runs as follows: "Registered land may be conveyed, charged, settled, or dealt with in or by any of the following modes or disposition; that is to say, by statutory disposition in any of the forms described in this Act. 2ndly. By endorsement on the 'land certificate.' 3rdly. By deposit of the 'land certificate.' 4thly. By any deed, will, judgment, decree, or instrument, by which such land, if not registered, might now according to law be charged, settled, devised, dealt with, or affected."

Here distinctly it is the execution of the instrument, and not the entry in the register, which is made operative to pass or affect the land.

The true principle is thus set forth in the corresponding provision, section 31 of my Bill of 186y presently referred to "No deed or instrument shall be effectual to pass, charge, deal with, or affect any estate or interest in land subject to the provisions of this Act -, but upon receipt of any instrument of contract, or other instrument in conformity with the provisions of this Act, and of the proper fee for each case prescribed, the