Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Douglas, Sir James to Pelham-Clinton, 5th Duke of Newcastle Henry Pelham Fiennes 21 October 1861, CO 60:11, no. 10959, 83.
Abstract
Despatch to London.
Minutes (2).
Douglas writes to Newcastle to transmit a copy of a proclamation, the "British Columbia Land Registry Act 1861,” which relates to “the Registration of all instruments affecting Real Estate in
the Colony.” Douglas goes on to describe the act in detail, and notes its necessary difference from Vancouver Island's equivalent act.
No. 61
21 October 1861
I have the honour to enclose the Copy of a Proclamation
issued by me on the 26th of August last, intituled the
"British Columbia Land Registry Act1861.
1861," the object of which is the Registration of all instruments affecting Real Estate
in the Colony.
1861," the object of which is the Registration of all instruments affecting Real Estate
in the Colony.
2. Considering the great importance of establishing, as
early as possible, a system of Registration of deeds adapted to
the peculiar character of the Colony, and one of which the
Colonists might with facility avail themselves, I have endeavoured
to take advantage of the experience of other countries, and
accordingly YourGrace
Grace will find that the provisions of this
Proclamation are nearly identical with those in the Registration
system adopted in Canada, and very similar, I believe, to those
in force in other British Colonies.
Grace will find that the provisions of this
Proclamation are nearly identical with those in the Registration
system adopted in Canada, and very similar, I believe, to those
in force in other British Colonies.
3. The Chief Office is established in the Capital of British Columbia, under the controul of a Registrar General, and other
offices in the various Districts of the Colony, under the
supervisionof
of the Chief Officer, will be formed from time to
time, as occasion may require, under the controul, at present,
of the respective Magistrates, as being the persons most likely
to perform the duties with efficiency and economy.
of the Chief Officer, will be formed from time to
time, as occasion may require, under the controul, at present,
of the respective Magistrates, as being the persons most likely
to perform the duties with efficiency and economy.
4. All instruments in any manner affecting Real Estate may,
after having been properly executed and certified, be registered
by the Officer in whose District the land is situated, whose duty
it will be to make an exact Copyof
of the instrument in the Register Book, and, before re-delivery of the instrument
to the owner, to
endorse thereon a memorandum of such Registration, referring to
the page of the Register. The various Register Books will be
arranged under appropriate titles corresponding to the nature of
the instrument, and proper Index Books will be kept for the
facility of reference.
of the instrument in the Register Book, and, before re-delivery of the instrument
to the owner, to
endorse thereon a memorandum of such Registration, referring to
the page of the Register. The various Register Books will be
arranged under appropriate titles corresponding to the nature of
the instrument, and proper Index Books will be kept for the
facility of reference.
5. Before any document can be Registered, its authenticity
must be strictly proved, andthe
the most stringent provisions are inserted in the Act for the due execution and attestation
thereof,
so that no room will, I trust, be offered to the Commissioner of
injury or fraud. The Registrars are empowered to compel the
testimony of witnesses to the execution of deeds; and provision is made
for the issuing of Commissions to take the deposition of witnesses.
the most stringent provisions are inserted in the Act for the due execution and attestation
thereof,
so that no room will, I trust, be offered to the Commissioner of
injury or fraud. The Registrars are empowered to compel the
testimony of witnesses to the execution of deeds; and provision is made
for the issuing of Commissions to take the deposition of witnesses.
6. All persons are deemed to have notice of the contents and
legal effect of everyinstrument
instrument, as soon as it is registered,
but no person, other than the parties thereto, is affected by
notice of any unregistered instrument executed after the time
when the Act comes into force.
instrument, as soon as it is registered,
but no person, other than the parties thereto, is affected by
notice of any unregistered instrument executed after the time
when the Act comes into force.
All unregistered instruments are void against subsequent
purchasers and incumbrancers of the same estate who have registered;
so that in effect, priority of registration will confer priority
of Title. But the actual commission of Fraud will always be a
ground for the interference of aCourt
Court of Equity.
Court of Equity.
7. Where in any case the original document cannot be procured
a copy thereof duly certified by the Registrar may be used in
evidence in all Courts of Judicature.
8. The Scale of Fees authorised by the Act to be taken for
Registration has been framed with a due regard to existing
circumstances, but it will be seen that proper provision is made
for its alteration should an amendment hereafterappear
appear advisable.
appear advisable.
9. The Act does not apply generally to instruments executed
prior to the time of its coming into force, of which due notice
has been given; but such instruments may be registered, and
after registration all persons are deemed to have notice thereof.
No priority of title however is thereby conferred, nor would it be
right that such a consequence should ensue.
10. I have not deemedit
it advisable to introduce into British Columbia the more perfect and elaborate system of Registration
which is at present in force in Vancouver Island, for the much greater extent of the former Colony would render a constant reference
to the Chief Office inconvenient; it will be therefore
necessary to form other Offices in the various Districts, each
possessing its Registrar, who would, if the Vancouver Island
system were adopted,be
be required to possess a special legal
qualification; and it appeared to be absolutely impossible to
procure, from the very limited body of practitioners in these
Colonies, a sufficient number of properly qualified Officers.
it advisable to introduce into British Columbia the more perfect and elaborate system of Registration
which is at present in force in Vancouver Island, for the much greater extent of the former Colony would render a constant reference
to the Chief Office inconvenient; it will be therefore
necessary to form other Offices in the various Districts, each
possessing its Registrar, who would, if the Vancouver Island
system were adopted,be
be required to possess a special legal
qualification; and it appeared to be absolutely impossible to
procure, from the very limited body of practitioners in these
Colonies, a sufficient number of properly qualified Officers.
Moreover the cost of such a system would in itself be, I submit,
an insuperable objection to its introduction into British Columbia.
11. With those remarks I beg to submit this importantAct
Act
for Her Majesty's approval.
Act
for Her Majesty's approval.
