now or may hereafter during my absence become entitled to, and to bring any action in respect of or concerning all such messuages, lands or tenements, and also to demand and receive and give receipts for the rents and profits thereof respectively, and to lease, sell, or absolutely dispose of and convey the same or any part thereof, and to sign my name, set my seal, and as my act and deed to execute seal (where necessary) and deliver any instrument, contract, agreement, lease, assignment, transfer, assurance or document of what kind soever, and whether in accordance with the provisions of the Real Property Act or the Crown Lands Act or otherwise of or concerning the said messuages, lands, or tenements or any part thereof, and to receive and sign and give receipts or discharges for the moneys arising from such sale or sales, and generally to do, execute, and perform all and every other act, matter, and thing whatsoever in anywise necessary or expedient to be done in my concerns and business of every or any nature or kind whatsoever during my absence as fully and effectually as if I were personally present to do the same. I declare that this power of attorney shall continue in full force and virtue until notice of my death or of the revocation thereof by me shall have been received by the attorneys or attorney for the time being acting by virtue of these presents. And lastly, I agree to ratify and confirm all and whatsoever my said attorneys or attorney shall lawfully do or cause to be done by virtue of these presents. In witness whereof I, the said A. B., have hereunto set my hand and seal this day of in the year of our Lord one

thousand nine hundred and Signed, sealed and delivered

by the said A. B. in the presence of

Quarter Sessions.

GENERAL REMARKS.

A. B. (seal).

The Courts of General or Quarter Sessions, are, as a rule, held in every district once in every quarter of a year; but the Governor may by proclamation appoint the times and places at which they shall be held.

Though these courts are held about the same time as the District Court, they must not be confounded with the latter, the jurisdiction of which is purely civil.

The District Court Judges act also as chairmen of the respective Quarter Sessions, and are empowered to try any felony not punishable with death. But, though these courts have also a limited civil jurisdiction, the main business transacted therein is of a criminal or quasi-criminal nature such as minor felonies, and indictable misdemeanours, and appeals from the decisions of justices acting out of sessions.

REMOVAL OF ORDERS BY CERTIORARI

LIMITED.

Formerly orders, etc., of all inferior courts could, unless otherwise provided by statute, be removed into the Supreme Court; and there be either quashed or confirmed.

The removal was effected by a writ of certiorari faciascalled shortly certiorari, which commanded the judge or officers or justices of the inferior court to certify or return the records or proceedings in a judicial matter pending before them, to the intent that the party might have surer and speedier justice done him.

By the "Justices Amendment Act" of 1900 it is declared that no conviction, order, or adjudication, on appeal shall be removed by any writ or order into the Supreme Court.

Real Property Act.

Land brought under the provision of this popular statute is commonly said to be under "Torrens title," a simple certifi cate of title being substituted for the multitudinous parcel of conveyances, abstracts, and other documents generally inseparable from the title of lands held under the old system.

The title of lands held under the latter system is often denominated "freehold"; but, as a freehold may be for life, in tail, or in fee simple-the term is indefinite.

Similar estates in land can, of course, be held under the new system. All grants of land from the Crown since the establishment of the new system are subject to its provisions.

GENERAL EFFECT OF BRINGING LAND UNDER

THE ACT.

1. The applicant obtains a title to the estate specified in his grant or certificate which is conclusive against all persons.

2. The registered proprietor (i.e., the person named in the grant or certificate or in an entry thereon) holds his estate subject only to such estates, incumbrances, and charges as are notified on his grant or certificate.

To this rule there are a few statutory exceptions, including cases in which registration, etc., has been obtained by fraud.

3. No action of ejectment or other action for the recovery of land will lie against the registered proprietor, except in certain specified cases, e.g., that of a mortgagee proceeding against a mortgagor in default.

4. No Statute of Limitation will confer a title adverse to or extinguish the title of a registered proprietor. The owner of land under the old system may, on the other hand, be absolutely barred by twenty years' adverse possession by a stranger.

5. Dealings with the land are greatly facilitated, and the attendant expenses decreased.

A certificate of title is, however, voidable at suit of the Crown; for the Crown, not being mentioned, is not bound by the Act.

WHO MAY APPLY TO BRING LAND UNDER THE ACT.

1. Claimant of land as tenant in fee simple at law or in equity.

2. Claimant of a life estate in possession, or a leasehold for a life or lives, or the holder of a term having not less than twenty-five years to run.

3. Persons having an absolute power of disposing of the fee simple.

A power of appointment is an authority to appoint property to the use of certain specified persons, or to such persons as the person to whom the power is given may choose.

4. The attorney of a corporation (qualified to hold or dispose of land in fee simple) constituted as such under the corporate seal and authorised to apply.

5. The attorney of a person entitled to apply in his own name if resident in the State-such attorney being constituted by deed and empowered to sell and convey land for an absolute fee simple and to give effectual receipts to purchasers.

REMEDY OF APPLICANT WHERE CAVEAT

ENTERED.

Where a caveat has been lodged against an application to bring lands under the Act, the applicant may state a case for the opinion and decision of the Supreme Court, and the caveator may apply to such court for a temporary injunction restraining the Registrar-General from proceeding with the application pending a further order.

The court may then direct the caveator to lodge his case within a stated time, with particulars of his claim and any other particulars that may be necessary.

Any question of fact is then tried by a jury; or if no such question is in issue, the court decides the matter on the case stated, and makes such orders as are deemed fit.

The final decision of the court will bind the parties and the Registrar-General; costs must be paid by the party finally unsuccessful.

REMEDIES OF CLAIMANT OF LAND ABOUT TO BE BROUGHT UNDER THE ACT.

In the above case the claimant has two remedies, that is to say, he may—

1. Lodge a caveat against the application, giving particulars of his claim, and then, within three months after such lodgment, take proceedings in the Supreme Court to establish it, giving the RegistrarGeneral written notice of his intention so to do; or, 2. Obtain a temporary injunction from the Supreme Court, after lodging his caveat, and allow the applicant to state a case in the manner mentioned in the previous paragraph.

If he adopts the former remedy and the proceedings have not within six months after the date of the writ resulted in a decision or order of the court, the Registrar-General may give the applicant or his solicitor one month's notice, after which he must obtain a temporary order or injunction against the Registrar-General, otherwise the land may be brought under the Act upon the expiry of such notice.

After such injunction, etc., is made the applicant is at liberty to state a special case.

DEATH OF APPLICANT BEFORE ISSUE OF

CERTIFICATE.

In the above event the certificate will issue in the name of the applicant and the land will devolve (upon his executor or administrator in trust for his devisee, next of kin, etc.) as if the certificate had issued prior to his death.

But the person entitled must apply to be registered as proprietor by transmission under another provision of the Act, after the issue of the certificate; it may therefore be more convenient to withdraw the former application and to lodge a fresh one in the name of the devisee, etc.

RIGHTS OF PERSON EJECTED AFTER MAKING

IMPROVEMENTS.

In an action of ejectment brought against a registered proprietor of land under the Act who has made improvements thereon since the issue of his certificate, such proprietor may plead the fact of such improvements having been made and assess their value, and also the separate value of the land, and give evidence thereof; the jury must then determine such values.

Then the plaintiff, having paid into court the value of the improvements, less any costs allowed him, will be entitled to a writ of possession; but such payment must be made within three months after the verdict, otherwise plaintiff's judgment will be confined to the separate value of the land and his costs, and the defendant, having paid him such value and costs, may retain both the land and the improvements.

The certificate of the unsuccessful party may be called in and cancelled.

ASSURANCE FUND AND REMEDIES AGAINST

SAME.

Every person bringing land under the Act is required to contribute a sum proportionate to the value of the land to an assurance fund.

This fund provides for the due compensation of persons sustaining damage in any one or more of the following modes

1. Through an omission of the Registrar-General or any

of his clerks.

2. By the registration of any person as proprietor of any land under the Act.

3. By an error in any certificate of title or entry thereon, the remedy by ejectment being barred under the provisions of the Act.

4. Through land being included in the same certificate of title with other land, owing to misdescription of the boundaries, etc., if the person liable is in such a situation (i.e., dead, absconded, insolvent, etc.) that damages cannot be obtained from him.

The action against the fund is subjected to the following requisitions, viz.: one month's notice thereof must be given the Registrar-General, and the action must be begun within six years from the date on which the plaintiff was deprived of the land; a further period of six years is allowed from the date of the removal of any existing disability, as infancy, lunacy, etc.

JUDGMENTS, WHEN TO BIND LANDS UNDER THE ACT.

No lands under the Act will be bound by a writ of fi. fa. (i.e., a writ of execution) unless a true copy of the same be served on the Registrar-General within six months of the date thereof; nor can any transfer upon a sale of such lands under such writ be registered in the event of the non-performance of this condition. After service of the writ a notice of its contents is stamped on the judgment debtor's grant or certificate of