i74 THE CORAL LANDS OF THE PACIFIC. 



lands. This system of the neighbouring colonies, so prolific 

 of embittered law-suits, is inconsistent both with the only idea 

 of property in land which is recognised in Fijian law, viz., that 

 of fee simple, or with that of a forfeited pledge, which, if 

 forfeited, ought to be sold under regiilations. The mortgagee 

 in the case of an entry upon the lands would not be pro- 

 prietor in fee simple, and thus the clearness and simplicity of 

 title on the register, which has been the aim of the Real 

 Property Ordinance, would be interfered with by one person 

 being the virtual proprietor for a time, and another the legal 

 and registered proprietor. 



When the land which has been given in pledge is sold, the 

 Court distributes the price among the mortgagees and encum- 

 brances according to the order of their priority, handing over 

 the balance, if any, to the mortgager. The purchaser obtains 

 a title by the issue of a new Certificate of Title by the Regis- 

 trar in his favour, purged of all previous mortgages and en- 

 cumbrances. Thus again is the title kept clear, and the value 

 of the landed property in the hands of the purchaser by so 

 much enhanced, which, in turn, ensures the highest market 

 price being obtained for the property on its sale. 



Leases are treated as encumbrances, and to be valid must 

 be registered if they are for more than one year's duration. 

 As encumbrances they are entered on the title, so that when 

 a proprietor of land applies to a banker or capitalist for an 

 advance, he shows his Crown grant, or Certificate of Title, 

 upon which is entered all the mortgages affecting the land, 

 all the encumbrances of every kind, such as provisions for 

 children, and all the leases. The banker may not be unwilling 

 to make the advance desired, and if it be for a temporary 

 purpose only, for which it is not considered necessary to draw 

 out a mortgage, the title may be deposited as an equitable 



