Walcott to Elliot (Assistant Under-Secretary)
Emigration Office
26th August 1864
Sir
I have the honor to acknowledge your Letter of the
20th
instant enclosing an Ordinance N
o 12 of
1864 passed by the
Legislature of
British Columbia entitled "An Ordinance to
increase the facilities for registering documents relating to real
property."
2. The Colonial Attorney General in his report on the
Ordinance explains that many
English English Deeds cannot under the existing
Law be registered merely from the want of a few additional
unimportant words. The first object therefore of the Ordinances
is to give to Notarial Certificates of the execution of Deeds
made without the Colony relating to real property within it, the
force of acknowledgements under the
British Columbia Land Registry
Act
1861, provided the Registrar chooses to accept such proof of
the execution of the Documents. This proviso is to guard against
the abuse of the facility thus accorded.
3. The second object of the
Ordinance Ordinance is to render compulsory
the registration of all future Crown grants before they are issued.
For want of such a provision, and an early Registry of grants,
litigation has already been occasioned, and the evil if not
remedied would increase by lapse of time. The fee for registration
is a uniform one of 5
s/ which the Attorney General states is
less than one half of the amount payable under the previous Ordinance
of
1861.
4. I have the honor to report that no objection occurs to me on
this Ordinance, and I would
submit submit that it may be left to its operation.
I have the honor to be
Sir,
Your obedient
Humble Servant,
S. Walcott