Beat Prowerty Act. 37 



2. The establishment of a Land Titles Court as nearly on the 

 Irish model as local circumstances and a regard to economy will 

 admit. 



In the apprehension that expense might be an objection to 

 this improvement, my late colleague joined me in offering to 

 perform the judicial duties of such a Courf so far as they could 

 be linked with our present functions, even though for the present 

 no additional emolument should be attached to the higher office. 

 Although no such airangements may now be possible it may be 

 open for consideration how far the end in view may be partially 

 attained by vesting some additional powers in the Senior 

 Examiner as (under the name of Commissioner) is already done 

 in Victoria. 



3. The relief of transferees holding titles under the Act from 

 claims to dower. The necessity of requiring evidence in every 

 case to meet the exceptional contingency of a marriage before 

 the year 1837 is a drag upon the whole system, not warranted 

 by any imperative claim of justice, on the part of the very small 

 and daily diminishing number of persons it affects. I entered 

 into a correspondence with one of the Examiners in Victoria on 

 this subject immediately after the passing of the Act, and an 

 amendment in this particular was there introduced and passed, 

 among others, as long since as the year 1863. 



4. Caveats are made the subject of many important amendments. 



5. Special Limitations — such as separate estates in married 

 women, &c. — are facilitated by provisions rendering their creation 

 by settlement or will more convenient and compatible with the 

 principle of the system. 



6. Trusts are relieved from the total and inconvenient prohibi- 

 tion, from all reference or allusion on the Register, adequate 

 provision being at the same time made for excluding all risk of 

 the injurious interference of notice with the claims of purchasers 

 and others derived under the recorded title. 



7. Securities are more fully provided for, embracing those 

 operating by way of indemnity, in addition to those of mortgage 

 and fixed pecuniary charges. 



8. Certificate of Title. — The indefeasible title thereby conferred 

 is more accurately defined. 



9. Assurance Fund. — Amended rules are introduced in respect 

 of the indemnity thereby afforded, augmenting the contribution 

 in special cases, where the title although fairly admissible, is not 

 absolutely perfect, and limiting or extinguishing the claim under 

 given circumstances, in which justice appears to authorise or 

 require such a course, and protect the fund or the revenue from 

 an unfair measure of liability. 



10. Some clauses of doubtful construction have been rendered 

 clear by more definite provisions. When more than one inter- 



