Page:An essay on the transfer of land by registration.djvu/31

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
BY REGISTRATION.
27

Then the next thing would be, 'You do not want a lawyer, I suppose?' He would 'probably say, 'No.' I should accordingly say, 'Come with me to the Registry Office; you have got your certificate with you.' I should draw out a mortgage on the counter at the Registry Office, where printed forms are provided, and have it witnessed, and hand it in to the clerk, and say to him, 'It will be ready to-morrow afternoon, I suppose?' When the mortgage is paid off the transaction is even simpler. Supposing you were the mortgagor and I were the mortgagee. Before you gave me the money, I should sign this receipt before a well-known person, a credible witness, and give it to you, and let you go and clear your title. There is no necessity for the intervention of a lawyer; such a thing is never heard of. Marriage settlements are as common in the colony as here. In such cases as drawing wills and settlements the lawyers are called in; but in ordinary transactions they have very little business except as brokers. They get a commission on that business, but not in respect to services connected with registering, transfer, mortgage, &c. The Torrens Act is just as popular in the other colonies as it is in ours. I notice in the Sydney papers, just at foot of advertisements for sales of land, that 'Torrens's Title' is always put. It seems to me that there is so great an advantage in the holders of property having a simple, intelligible, indefeasible title, as far as it can humanly be made, that no difficulties ought to stand in the way of carrying out such a wonderful reform. That is all I can say."

A model register, together with samples of the books and instruments used in the transaction of business, will be found in the Appendix.