LAND TITLES. 173 



veyancing law of England in regard to limited and condi- 

 tional fees and fees in tail is inapplicable to the colony. When 

 a proprietor desires to make a provision for his wife and chil- 

 dren he may set forth his wishes, for example, in a trust 

 deed, which may be registered as such in the Register of 

 Deeds, but any provision to affect the land must be made 

 according to the forms in the Real Property Ordinance, and 

 the purposes of the trust are not allowed to encumber the title 

 to land or the registry of titles. If the proprietor should 

 desire to limit his own right in the land to a life-rent, and to 

 transfer the estate to the trustees for the purposes of the 

 deed or settlement, he must create an encumbrance of his own 

 life-rent, and execute a transfer to the trustees of the fee 

 simple. A Certificate of Title will then issue to the trustees 

 as proprietors of the fee simple until they in their turn trans- 

 fer, with the life-rent of the proprietor marked on the Certi- 

 ficate of Title as an encumbrance. The title will thus be kept 

 clear even in those cases where proprietors wish to tie up 

 their own hands from dealing with their own property, but 

 which can only be done to a limited extent, as there must 

 always be a living proprietor in fee simple entitled to deal 

 with the land subject to the mortgages and encumbrances. 



A mortgage is defined to be a pledge of the real property 

 for the purposes of security only. If the money borrowed be 

 not paid, the mortgagee the holder of the pledge may, 

 after sufficient intimation of his intention, apply to the court 

 to order a sale. Precautions are taken to prevent the property 

 being sacrificed at a moment inopportune for sales of land 

 The mortgagee cannot enter into possession of the property in 

 the old way, for the purpose of holding and working it by 

 means of his own capital, and then long years afterwards be 

 called by the mortgager to file his accounts and re-deliver the 



