Some Controverted Points of Local Law with Respect to Leases. 221 



Immovable property then in this colony can only be conveyed or 

 transferred by formal solemn transfer before a Judge. It is essential to 

 divest the seller of and invest the buyer with the dominium. Such 

 transfer is, however, a formality, and can in no w ay make a transfer which 

 is bad in itself, as for instance owing to some defect in the title of the 

 seller, into a good and valid transfer. Nor can a mortgagor mortgage 

 property which is not his own, even though such a mortgage should be 

 permitted to be passed. A lease in longum Unvpus and a servitude (see 

 Steele v. Thompson L. R. British Guiana, Vol. II. Old Series, 1860, p. 43) 

 is in the same position and must be executed coram legi loci, which is 

 before a Judge. It may be noted here that the case of Steele v. Thomp- 

 son above quoted went to the Privy Council, the local judgment being- 

 there upheld. 



An opinion has been expressed by a late Chief Justice and has in 

 practice been given effect to in this Colony that leases of Crown lands do 

 not come wilhin the Common law requirements as to execution. The 

 reasons for that opinion I have been unable to obtain nor can I rind any 

 provision in the Crown Lands Ordinance (No. 32 of 1903) dealing with 

 the matter. We have seen above that in another colony all grants of 

 land by Governors of that colony were registered before the Commission- 

 ers of the Court of Justice, whilst in this colony the registration of all 

 such grants is provided for by statute in the Department of 1 ands and 

 Mines (Ord. 31, 1903). It may be that such registration is taken to re- 

 place the requirement of formal execution, though if so one would expect 

 some definite pronouncement in the Ordinance to that effect. The 

 opinion referred to above distinguished between Crown land and what 

 we know as Colony land, a distinction in my humble opinion with very 

 little difference. Colony land would seem to be nothing but the land of 

 His Majesty the King in his Colonial Government whilst Crown land 

 presumably is the land of His Majesty the King in His Imperial Govern- 

 ment. Land al?o which has been purchased locally by the Imperial 

 Coverrment cannot be described otherwise than as Crown land, whatever 

 restrictions on use or alienation may be attached to it. Subject to what 

 I have stated above, I can find no authority for the exemption of leases in 

 longum tempus of Crown land from the Common law requirements as to 

 the formality of execution and it is most desirable that if there is no 

 authority for the present practice (notarial execution) that it should 

 either be legalised or discontinued. But have we not been assured that 

 our troubles will be at an end when the Common Law Commissioners 

 have reported and have su] plied a panacea for all our ills ? Should such 

 report deal with the subject of Registration of Title it is to be hoped that 

 the minor matter of the registration of leases will not be forgotten. 



