Some Judges have acted up to the extreme limit of Jolly v. Rees in relieving a husband from liability for goods supplied contrary to his orders. The liability being gone there is an end of all difficulty, but if the liability cannot be got rid of it is in the next place important that the debtor who has to bear a burden innocently contracted, so far as he is concerned, should not be sent to prison for non-payment, as the element of fraudulent intent or conduct is altogether wanting.

The whole subject has now at any rate been thoroughly thought out. It is very improbable that we shall obtain any better evidence than that which was extracted by the select committee. We know the opinion of County Court Judges, and we think it is the fact that a considerable majority are of opinion that the restricted power of imprisonment which now exists is most salutary, and should be preserved. We know that many Judges regret that abolition of imprisonment for debt has gone the length it has, and would gladly see it restored, whilst the commercial community must feel that it has considerably altered their relations with the public. This doubtless raises the question whether legislation should impose difficulties on trade by rendering debts impossible of recovery. We are decidedly of opinion that it should not, and we think that Sir HENRY JAMES's grave social and economical questions should not be taken into consideration in deliberating upon the operation of our legal machinery. There is ample evidence that impending imprisonment forces the settlement of claims which otherwise would be absolutely ignored in a very large number of cases. The few cases of hardship of which we hear are hardly a satisfactory set-off against such a result, and we conceive that debtor and creditor should be left to the difficulties and perils which each at present incurs; and even on a balance of disadvantages, we believe it would be more detrimental to a working man to be deprived of credit than to suffer occasional imprisonment.

LAND TITLES AND TRANSFER BILL. WHEN a Lord Chancellor adopts a Bill previously introduced by his predecessor, who was opposed to himself in politics, it appears clear that the principle of the Bill must be taken as acknowledged to be correct by both political parties, and the main discussion upon the Bill can be upon questions of detail only. Lord Cairns has presented to the House of Lords what is, in effect, the Bill of Lord Selborne with Vice-Chancellor Sir Charles Hall's alterations.

As both the learned lords are agreed that "it is expedient to make further provisions for the simplification of the title to land, and for facilitating the transfer of land in England," it behoves all real property lawyers carefully to study the Bill and render their best assistance in making it as workable as possible.

We have not at present had time to consider the 171 sections of which the Bill consists sufficiently to make any suggestions, but we propose at an early date, when we have given the Bill more attention, to state our views upon its different parts. At present we must content ourselves with giving, in general terms, the objects proposed to be effected.

The Bill proposes to allow any person entitled, legally or equitably, to an estate in fee, whether in possession or reversion or charged or not, and whether it be an estate in tail or in fee simple, or a base fee, or any person authorised with or without the consent of another person, to dispose, by way of absolute sale, of an estate in fee simple, in possession or reversion or charged or not, ora purchaser of a similar estate in fee simple, to register himself as the proprietor of the land, but in some cases certain consents are required. Registration may be of three kinds—(a) of a title absolute that is good without any other exception or reservation than those mentioned in the register or in the Bill; (b) of a title limited as good from a certain date mentioned in the register, with the above exception and reservation; and (c) of the applicant, as proprietor only, without any title. In every case the registrar is to be furnished with a correct description of the land, accompanied (except in the case of incorporeal hereditaments) by a plan, and with statements of all interested persons, of their estates and powers, and of all charges and incumbrances. In cases of applications for registration, as proprietor only, the applicant is to satisfy the registrar that he, or some one entitled to a prior estate, or his mortgagee or beneficiary, is in possession or receipt of the rents; and in cases of compulsory registration, to which we shall presently refer, the registrar is to be satisfied with the deed of conveyance. In cases of application for registration with a title absolute or limited, an abstract of title, with such evidence as general orders may require, is to be furnished, and the registrar must be satisfied that the applicant, or his predecessors in title, or some person entitled to some estate under the same common title, has or have been in possession or in receipt of the rents for not less than five years immediately prior to the date of the application. The registrar and an examiner of title are to examine the title, and the former may require further particulars and evidence of the identity and correctness of the lands and their quantities, but the registrar is not to require a title to commence earlier than at least (sic) forty years previously to the time of registration, unless he is of opinion that there is reason to suppose that some settlement or will

prior to that period may have been executed which might prejudicially affect the title; and the registrar may accept as sufficient evidence recitals, statements, and descriptions of facts, matters, and parties, in deeds, instruments, and statutory declarations twenty years old. When the application is for registration otherwise than as proprietor only, a notice of it, containing a description of the land, the name and description of the applicant, and a statement of the effect of the proposed registration, as excluding adverse claims, and a time and place for showing cause against it, is to be advertised in conformity with general orders, and a copy of the notice is to be posted on or near the land, and served upon such persons as the registrar shall direct. Before registration with title absolute or limited, the applicant and his solicitor, or agent, or certified conveyancer, and such other person or persons, if any, as the registrar shall require, are to make affidavit that all deeds, wills, and writings relating to the title of the land, or any part thereof, and all facts material to the title thereto, and all charges, liens, incumbrances, contracts, and dealings affecting the same, or any part thereof, or giving any right as against the applicant, have to the full extent of their respective knowledge, information, and belief been made known to the registrar; but the registrar is to be empowered to dispense with such affidavit, either from the applicant or from any other person, when he shall think it reasonable so to do, or to permit the terms of it to be so modified as circumstances might require. When, after the 1st Jan. 1879, a sale of land in fee simple, in possession, or reversion, and charged, or otherwise, takes place, there not being then a registered proprietor, and the purchaser might apply for registration, some person must be registered as proprietor, with absolute or limited title, or as proprietor only, and the instrument of conveyance is until such registration to operate in equity only, and is not to be effectual at law to pass the legal estate. A registered proprietor, whether owner or trustee only, is to be deemed to be owner in fee simple, with full powers of disposition, subject only to the charges and estates referred to in the bill or stated on the register; but such proprietor is to be able to deal with the land by the same modes as he now can, but except in the interval between the death of a proprietor and the entry on the register of another proprietor, there is always to be a registered proprietor in whom the legal estate, subject as aforesaid, is to be deemed vested. Leasehold estates, where more than twenty-one years are unexpired, or where two lives are still living, and estates in dower and by the courtesy may also be registered under similar conditions to those relating to estates in fee.

Upon registration an entry is to be made in a book, to be called "The Land Register," of the name of the proprietor, a description of the land, with a reference when necessary or convenient to a map, whether the title is absolute or limited, and, if so, the limit, and, if either, the particulare of all prior estates, leases, and incumbrances other than those referred to in the bill, but no trust of any kind is to be referred to, nor is it to be shown that the proprietor is mortgagee, or has a security only. The registrar is to give the proprietor "a land certificate," the form of which has yet to be prescribed, which is to contain a transcript of so much of the register as relates to the land or lease, and upon the registrar being satisfied of the loss or destruction of the certificate he may grant a new one. The deposit of the certificate with a memorandum endorsed at the time stating the date and purpose of the deposit, and bearing a proper mortgage stamp, is to create a lien on the land equivalent to that made under the powers of the Bill, so as to take precedence of all statutory charges not previously noted on the certificate. The proprietor may charge the land, and the instrument of charge may or may not confer a power of sale, and the owner of the charge may be registered. The registered charge will imply (unless the contrary be stated in the instrument of charge) a covenant by the registered proprietor for the time being of the land to pay the money and interest. If the instrument of charge confer a power of sale, the registered proprietor of the charge may exercise it, and transfer the land as if he were the registered proprietor thereof; if no power of sale be conferred he can only enter into possession or apply to the court for sale. As between themselves registered charges are to rank according to the order of their registration, and not of their creation, and upon the satisfaction of a charge, the registrar on proof, or on the requisition of the proprietor of the charge, is to enter a note thereof on the register upon which the land is to be deemed discharged.

The Bill makes provision for the entry of the new owner on the transfer of any land, but until that has been done the person on the register is to be deemed proprietor, and it also provides for alteration of the register in the case of marriage of a female proprietor or of the death or bankruptcy of a proprietor and of sales by the court or sheriff.

The Bill also creates a system of notices and caveats both as against registration and against the transfer by a registered proprietor, and also provides for an inspection of the register by a limited class of persons.

The Land Registry office is to be in London, and the business is to be conducted by the Registrar with the aid of such assistant registrars, whose acts are to be deemed the acts of the registrar,

examiners of title, clerks, messengers, and servants, as the Lord Chancellor may fix, with the consent of the Treasury, and the fees to be taken for registration are to be settled by the registrar with the sanction of the Lord Chancellor, and the Lord Chancellor may from time to time fix a scale of fees to be paid to the examiners of title, and also of costs to be paid to solicitors or certificated conveyancers in respect of any service to be rendered by them in any matter relating to proceedings under the Act, and any scale of costs so fixed may, if the Lord Chancellor thinks fit, be based on an ad valorem principle.

The Bill contains forms of transfer and charge which are to be as effectual as any other form would have been. When it appears probable that the amount of business to be transacted in a particular district will be sufficient to pay the expenses of a registry there, the Lord Chancellor, with the consent of the Treasury, is to have power to form a district registry, with a proper staff.

The staff of the present registry office, with all papers, are to be transferred to the new office.

The above is a general sketch of the greater part, although, of course, not all, of the proposed objects of the Bill, and upon a future occasion we propose to carefully consider the Bill in detail.

FALSE REPRESENTATION BY AGENTS.

THERE has been a somewhat singular concurrence of cases lately on the extremely important question under what circumstances an agent binds his principal by a false representation. The case of Swift v. Winterbotham must be familiar to all our readers, and is an excellent illustration of the difficulties which surround the subject. There the manager of a branch bank had been applied to concerning the solvency of a gentleman well known in the locality of the bank, and had expressed a favourable opinion. This opinion was conveyed by letter, the applicant being the manager of another banking company. The form of the application was this: "I shall be much obliged by the favour of your opinion in confidence of the respectability and standing of Sir William Russell, Bart., M.P. for Norwich, and whether you consider him responsible to the extent of £50,000." And the answer addressed to the bank was: "I am in receipt of your favour of the 8th inst., and beg to say in reply that Sir Wm. Russell, Bart., M.P. for Norwich, is the lord of the manor of Charlton Kings, near this town, with a rent roll, I am told, of over £7000 per annum, the receipt of which is in his own hands, and has large expectancies; and I do not believe he would incur the liability you name unless he was certain to meet the engagement." Goddard, one of the defendants, signed this as "manager," the representation was acted upon,. and a heavy loss sustained, which it was sought to recover against the bank of which Goddard was manager, and himself personally.

All that we are are now concerned with is the law involved, and we may therefore say shortly that a verdict being obtained by the plaintiffs, it was attempted to set it aside, but the rules for this purpose were discharged by the Queen's Bench. That court considered that the bank was bound by the signature of its manager (within sect. 6 of 9 Geo. 4, c. 14), and thus liable for the false representation. The Court of Exchequer Chamber reversed this decision (30 L. T. Rep. N. S. 31). The ruling of the court of appeal seems to us to be sound law, and moreover it is supported by a recent decision of the Judicial Committee of the Privy Council, which we reported last week, namely, Mackay v. The Commercial Bank of New Brunswick (30 L. T. Rep. N. S. 180).

The better plan in considering the effect of judicial decisions as making the law, is to take those emanating from the highest courts of appeal, and if they are not in conflict with other cases of similar authority to disregard decisions in the courts of first instance which are opposed to them. In Mackay's case, Swift v. Winterbotham (sub nom. Swift v. Jewesbury, ubi sup.) was noticed, and the whole subject fully discussed. We will make it our business now to consider what may now be taken as established beyond controversy.

In the first place, is the signature of the manager of a banking company a signature by the company as the party to be charged within the Act of Lord Tenterden? The decision of the Exchequer Chamber in Swift v. Jewesbury, is emphatically in the negative. Lord Coleridge, in delivering judgment, said, "Whether we look at the antecedent reason, or at the Parliamentary exposition contained in the statute, it seems to me that the true construction is, that in order to charge a person under Lord Tenterden's Act with a fraudulent misrepresentation as to the capacity of another, you must produce a written document containing the misrepresentation, and signed by the person sought to be charged." Turning to Mackay's case we find a common law representation-that is to say, a representation by an agent acting within the scope of his authority. There the facts were that the defendants' cashier, who discharged the duties of manager, sent a telegram to persons who were hesitating about accepting certain drafts, such telegram purporting to come from the drawer, that remittances required to meet previous drafts had been sent Upon this representation the plaintiffs accepted the subseque; t drafts. The representation was that the remittance had been sent but when the manager sent the telegram in the name of

the drawer the latter was insolvent and had absconded. The defendant bank had indorsed the subsequent drafts and it was consequently to their interest that they should be accepted. The main question was this-was the position of the manager such as to bring the representation which he made within the scope of his authority? The Committee recognised the difficulty of defining precisely the position of an agent which will confer the power to bind the principal by his fraud. Obviously circumstances may vary and it is almost an impossibility to state a principle which shall govern all cases. The nearest approach to such a principle which we can conceive is this: If an agent acting within the scope of his employment makes a representation in the ordinary course of business for the benefit, of his principal and such representation is false, the principal is liable. That is to say, that no express authority to make the particular representation is necessary, and, moreover, it is not essential that the principal should actually benefit by the fraud. The distinction between cases of an agent making a representation which does not in any way affect the principal's interest and cases in which it does is well shown by Smith v. Jewesbury (sup.) and Barwick v. The English Joint Stock Bank (16 L. T. Rep. N. S. 461). In deciding that the representation of Goddard in the firstnamed case, was a representation by him only in his individual capacity, Lord Coleridge said: This does not at all conflict with the case of Barwick v. The English Joint Stock Bank, and cases of that description, because there can be no doubt that where an agent of a corporation, or a joint stock company, in conducting its business, does something of which the joint stock company take advantage, and by which they profit, or by which they may profit, and it turns out that the act which is so done by their agent is a fraudulent act, justice points out, and authority supports justice in maintaining, that they cannot afterwards repudiate the agency, and say that the act which has been done by the agent is not an act for which they are liable."

66

In further illustration of this subject reference may be made to Addie v. The Western Bank of Scotland (L. Rep. 1 H. of L. Cas. Sc. 145), in which was laid down by Lord Cranworth that if by the frauds of the agents of an incorporated company third persons have been defrauded, the corporation may be made responsible to the extent to which its funds have profited by the frauds; and to Ranger v. The Great Western Railway Company (5 H. of L. Cas. 86), where the same noble Lord said, "strictly speaking, a corporation cannot of itself be guilty of a fraud. But where a corporation is formed for the purpose of carrying on a trading or other speculation for profit, such as forming a railway, these objects can only be accomplished by the agency of individuals; and there can be no doubt that if the agents employed conduct themselves fraudu lently, so that if they had been acting for private employers, the persons for whom they were acting would have been affected by their frand, the same principles must prevail where the principal under whom the agent acts is a corporation." Therefore the same general principle applies whenever the nature of the business transacted by the agent gives him opportunities of fraudulent representation for the benefit of his employers-whether those employers be a corporation or individuals.

We said at the outset that where courts of appeal have given decisions which are uniform and consistent, the safest course is to disregard inconsistent decisions of courts of first instance. We must, however, take the liberty of observing that we found a difficulty in seeing how, in Swift v. Winterbotham, quite apart from the 6th section of Lord Tenterden's Act, the reply of Goddard to the application made by him in his individual capacity could bind the bank. We thoroughly agree with the counsel who argued for the bank, that it would be almost impossible for a bank to carry on business if banks were to be made responsible for every untrue representation of solvency of individuals made by branch managers, for no purpose connected with the business of the bank. Possible profit accruing to the bank was not an element in that case, as it was in all the other cases, and conspicuously in Mackay's 8 case. Where there is the element of possible profit, that being the object of the representation, and the representation is made in the course of business, as Lord Coleridge says, it is but justice, and justice is supported by authority, that the principal should be liable.

LAW LIBRARY.

Rawlinson on Instructions for Wills. By JAMES RAWLINSON, Solicitor. London: Stevens and Sons. THE object of the author of this little work is to furnish solicitors with a guide to taking instructions for wills, and we think it may fairly be said to come up to the standard aimed at by Mr. Rawlinson, and that it will be found of service to those whose practical professional experience is limited. We cannot, however, adopt the opinion expressed in the preface, that it is incumbent on a solicitor to explain to a client (giving instructions for the preparation of his will) the extent to which his will will be affected by the several statutes relating to such document. The work before us is certainly a useful one, consisting as it does for the most part of references to such enactments as particularly relate to the subject of wills. It will also be found of use to articled clerks.

give receipts to purchasers.-The person registered as proprietor shall have power absolutely to dispose of the land of which he shall for the time being be registered proprietor, and if their shall be any money or other consideration paid or given, 'his receipt or the receipt of any other person to whom such money or other consideration shall with his privity be paid or given, shall be an effectual discharge for the same, and such power of disposal shall be subject only as the pro prietor's estate in fee simple may be subject as hereinbefore mentioned, and to such (if any) lease or charges as shall have been granted or made and shall have been registered under this Act, and to any charge created by deposit of the land certificate as hereinafter mentioned, and as regards corporeal hereditaments to such (if any) easements and incorporeal rights as shall have been created, and notice whereof shall have been entered on the register as hereinafter mentioned, and to such (if any) of the other legal estates hereinafter mentioned as may for the time being be subsisting; and, subject only as aforesaid, no transferee for valuable consideration shall be bound or affected by any express or constructive notice of any trust, equity of redemption, or equitable estate, right, title, or interest or lis pendens.

39. Trusts, &c. to be binding as between registered proprietor and cestui que trust, &c.-Every regis. tered proprietor who is a trustee for any other person under any will, deed, or instrument executed either before or at the time of or after the first registration of such land, or who as between himself and any other person is only a mortgagee or has only a security, shall, as between himself and all persons beneficially entitled or interested under such trust, or subject to the mortgage or security entitled or interested to, or in the land comprised in the mortgage or security, be and continue subject to such and the same obligations, liabilities, and equities in every respect as if he had not been registered as proprietor.

40. Transfer and transmission of land of which there is a registered proprietor. Unregistered interests, &c., equitible only.-Land of which there shall be a registered proprietor may be conveyed, settled, devised, charged, and dealt with, and shall devolve, descend, and be transmissible, and subject in like manner as if this Act had not passed; save that after the first regis. tration there shall always (except in the interval between the death of a proprietor and the entry on the register of another proprietor) be a registered proprietor, and in the registered proprietor for the time being the fee simple shall by his being entered on the register as proprietor be vested, without prejudice, nevertheless, to such (if any) of the other legal estates hereinafter mentioned as may for the time being be subsisting; and the registered proprietor for the time being shall have such power of disposal and other powers &s herein before mentioned in reference to the person first registered as proprietor; the estates, rights, titles, and interests of all persons, others than such as are herein expressly declared to be legal, being equitable only.

Grants of Easements and Incorporeal Rights. 41. Grants of easements and incorporeal rights in registered land to be registered.-Any easement or any incorporeal right, other than an annuity in or over any registered land, may be created by the registered proprietor for the time being, for the purpose of being annexed to or used and enjoyed together with other land. On proof being made before him of the creation of any such easement or incorporeal right, the registrar shall enter a note thereof upon the register of the land over which such easement or other incorporeal right is to be exercised, and also (if the other land to which it is annexed, or wherewith it is to be used or enjoyed, is also registered) upon the register of such other land.

42. What legal estates there shall be in land of which there shall be a registered proprietor. Subject as the estate of the registered proprietor is to be subject in manner aforesaid, there shall be only the following legal estates and interests in land, or a rent, of which respectively there shall be a registered proprietor:

(1) The fee simple in a registered proprietor of

land: (2) The fee simple in a registered proprietor of a perpetual rent, and the powers and remedies for recovering the same, and such proprietor's powers of re-entry, if any, upon the land:

(3) Leases of which there shall be registered
proprietors :

(4) Tenancies which are, as aforesaid, not to be
deemed incumbrances :
(5) Easements and incorporeal rights created
under the power in that behalf herein
contained and of which notice shall have
been entered on the register:
(3) Estate of tenant in dower of which there
shall be a registered proprietor:

(7) Estate of tenant by the curtesy, of which there shall be a registered proprietor: (8) The estate or estates vested in the person or persons deriving title by descent or devise, and in whom the legal estate shall, under the provision in that behalf hereinafter contained, be vested in the interval between the death of a proprietor and the entry on the register of another proprietor:

And all other estates, rights, titles and interests, shall be equitable only. PART II.-Registration of Leasehold Estates and Estates in Dower and by the Curtesy. 43.-Leasehold estates may be registered in like manner as freehold lands; also estates in dower, after assignment and entry and by the curtesy.— Leasehold estates, that is to say, land demised for terms of years of which more than twenty-one years are, at the date of registration, still to come and unexpired, or demised for lives or for years determinable with lives, and in which two lives at least are still subsisting, and an estate in dower after assignment and actual entry, and an estate by the curtesy, may be registered in the name of a proprietor thereof, with a title absolute or limited, or as proprietor only, in a similar manner and subject to the same or similar directions and rules of proceeding, as herein provided, or as may be provided by general orders or rules, with respect to registration as to the fee simple.

44. Who to apply for registration.-The application for registration may, as regards leasehold land, be made by persons having such estates and interests therein as, having regard to the difference of tenure, are similar or correspondent to the estates and interests of the persons entitled to apply for a registration as to the fee simple, and, as regards an estate in dower, or by the curtesy, by the tenant in dower, or by the curtesy.

45. Registration not to extend to lessor's title unless investigated by registrar. As regards lease hold estates, the registration shall not extend to the title of the lessor or grantor unless the registrar has investigated and is satisfied with the same, and makes an entry upon the register to that effect; in which case, the validity of the lease shall not afterwards be impeachable, as against the registered proprietor thereof, or any one claiming under or entitled to the protection of the registered title, on the ground of any want of power in the lessor or grantor to make the same.

46. Estate of the registered proprietor of leaseholds.-Leasehold land shall be vested in and held by the registered proprietor for the remainder of the term for which the land was demised, subject to all the clauses, covenants, conditions, and agreements, as to rent and otherwise, contained in the lease under which the same is held.

47. Estate of the registered proprietor of estate in dower.-Land held by a tenant in dower shall be vested in and held by the registered proprietor as tenant thereof for his own life.

48. Estate of the registered proprietor of estate by the curtesy.-Land held by a tenant by the curtesy shall be vested in and held by the registered proprietor as tenant thereof for his own life.

49. Leaseholds and estates in dower and by the curtesy to be subject to prior estates.-In the case as well of leaseholds, as of an estate in dower, and by the curtesy, the lease and land and estate shall be subject to all prior estates, rights, interests, underleases, charges, and incumbrances mentioned on the register, and to all other rights and charges affecting the same, which, if the land had been held in fee simple and registered accordingly, would have been expressly preserved by this Act or declared by this Act not to be incumbrances.

50. Provisions as to trusts, &c., to be applicable. -The provisions of this Act as to trusts, and the powers of disposal of the registered proprietor, and legal and equitable estates, and other the provisions of this Act which can be applied to leaseholds and an estate in dower and by the curtesy respectively, shall extend and apply to leasehold estates, and an estate in dower, and by the curtesy, as nearly as the difference between registration of a proprietor in fee and of a proprietor for a term of years or for life will admit of; but the registrar may dispense with such, if any, of the proceedings as he shall think may properly be dispensed with, having regard to any previous proceedings in respect of the same land, and may cause such notices to be given to all or any persons or person entitled to the land or rent, subject to the term of years or estate for life as he may consider proper.

51. How the provision as to compulsory registration is to apply as to leaseholds.-As regards the provision hereinbefore mentioned for compulsory registration of sales after three years from the commencement of this Act, the following rules shall be applicable to leaseholds: a lease or underlease granted out of the fee simple or out of a leasehold estate by an unregistered proprietor, with or without a rent reserved, and with or without a premium, shall not be deemed a sale;

but any lease or underlease granted out of the fee simple or out of a leasehold estate by a registered proprietor, with or without a rent reserved, and with or without a premium, shall be deemed a sale; and an assignment upon a sale of any existing lease or underlease, whether granted by an unregistered or a registered proprietor, shall be deemed a sale.

52. Determination of leasehold estates to be entered on the register.-When any lease of which there shall be a registered proprietor shall have been determined by the re-entry of the lessor, or by the surrender of the lessee, or otherwise, the registrar, upon the same being proved to his satisfaction, and after notice given in the manner prescribed by this Act to the person appearing upon the register as proprietor of such lease, unless the registrar shall consider such notice unnecessary, shall enter upon the register where the proprietor of such lease is entered a note of the determination of such lease. PART. III.-Land Certificate, Securities by Mortgage, by deposit of Land Certificate, and by Charge under this Act.

53. Land certificate.-On the application of the registered proprietor for the time being of land, or a lease, the registrar shall deliver to him a certificate, in this Act called "a land certificate," in the prescribed form, and authenticated in the prescribed manner.

Every land certificate shall contain a transcript of the part of the registrar relating to such land or lease at the time of the delivery thereof. Every land certificate shall be primâ facie evidence of the several matters therein contained.

54. Receipts for certificates.-Before the delivery of any land certificate, a receipt for the same in the handwriting of the proprietor may be required to be signed by him, so as to prevent, as far as may be, personation.

55. Minority to be noted.-If a land certificate is delivered to a person known to the registrar to be a minor, or under any other disability, the registrar shall state on the certificate such dis. ability.

56. Note of delivery of certificate to be entered on register.-Upon the delivery of such certificate the registrar shall enter on the register a note of the delivery thereof.

57. Registrar, at the request of holder, to compare certificate with register.-At the request of the holder of the certificate, the registrar shall at any time compare the certificate with the register, and, if there has been no alteration, shall certify at the foot of such certificate that is contains a true copy of the entries in the register, and shall sign the same, and add the date of such signature. Any alteration or omission which can be conveniently made in a land certificate, or any addi tion thereto, so as to make the same correspond with any alteration in or addition to the register, may be made and signed by the registrar, if he shall think fit.

58. Loss of land certificate.-If any land certifi cate is lost or destroyed the registrar may, upon being satisfied of the fact of such loss or destruction, grant a new land certificate in the place of the former one, such new certificate mentioning that is is so granted.

59. Renewal of land certificate.-The registrar may, upon the delivery up to him of any land certificate grant a new certificate in the place of that delivered up.

60. Transferees who are mortgagees to be registered without mentioning their being mortgagees.When land or a lease of which respectively there shall be a ragistered proprietor, shall be transferred to a person as mortgagee or as a security, the transferee shall be registered as proprietor without mentioning on the register that the transaction is a mortgage or secutity, and such proprietor and the person becoming proprietor from, through, or under him, shall, as between himself and third persons, be deemed registered proprieter, with all the rights and powers of such proprietor; but as between himself and the mortgagor and persons deriving equitable estates or interests through or under him, such proprietor, and every person becoming proprietor from, through, under him, otherwise than as purchaser in fee simple for valuable consideration, shall be subject to account and redemption as a mortgagee or person having security would, independently of this Act, be

liable to account or to be redeemed.

61. Charge by deposit of land certificate.-The deposit by the registered proprietor of the land certificate, with a memorandum endorsed thereon at the time of such deposit, stating the date of the deposit and for what purpose the deposit is made, being stamped as a mortgage, shall, for the purpose of creating a lien on the land or leasehold estate described therein, be equivalent to a charge made under a power for that purpose hereinafter created, and shall take precedence of all statutory charges not previously noted on the certificate. And no charge or lien on any registered land or lease shall be created by any other deposit whatever, and no lien for unpaid purchase-money, in respect whereof a charge under this Act shall not