Murdoch to Rogers (Permanent Under-Secretary)

I have to acknowledge your letter of 20th ultimo, with
copies of two despatches from the Governor of British Columbia,
enclosing two Proclamations numbered 8 & 9 of 1861 and entitled
respectively

"The British Columbia Land Registry Act 1861" and

"The preemption Consolidation Act 1861."

2. As the Governor in his despatch of the 21st October
last gives a full recapitulation of the principal provisions
of the Registration Act it is only necessary here to state,
generally, that after providing for a Chief Office in New
Westminster and for District Offices with a Registrar General
and subordinate Officers, the Act proclaims that all instruments
in any way affecting Real Estate which have been properly executed
and certified may be registered in the District in which the
Land is situated.

3. Unlike the practice of the Register Counties in this
Country and in Upper Canada the Registration is effected not by
a short memorial but by a verbatim transcript in the Register
books of the original Instrument, and the measure is confined
to instruments inter vivos and does not affect testamentary
dispositions (see 37). The object of excluding Wills from the
operation of the Act does not appear from the Governor's despatch.

4. The effect of Registration is to make void all unregistered
instruments executed after the 1st Novr 1861 as against
subsequent purchasers or Incumbrancers of the same Estate except
in case of actual fraud or conspiracy. In other words priority of
Registry confers priority of Title. The Governor explains that
the measure is of a less elaborate character than the one in
force in VanCouvers Island and assigns as reasons for the great cost and the impossibility of procuring from the very limited body of Practitioners a sufficient number of properly qualified Officers.

5. The "Preemption Consolidated Act No 9 of 1861" as
its Title imports, and as the Governor explains, is merely a
consolidation of three existing Acts relating to preemption of
unsurveyed lands in the Colony, viz. The Act of the 4th Janry
1860. "The Preemption Amendment Act 1861" (No 2 of 19th
Janry) and "The Preemption Purchase Act 1861" (No 6 of 28th
May) which it repeals and reenacts with but little modification.
The principal alteration being in allowing the Holders of 160
acre claims to take possession of any contiguous Land on payment of
an instalment at the rate of 2s/1d per Acre as security that the
Land is held for the purpose of immediate settlement. The payment
of the remainder of the purchase money is deferred until the Land
is surveyed.

6. With this exception the Act contains nothing that has
not already been sanctioned.

7. I have the honor to report that these Proclamations appear
to me open to no objection, and I would recommend that they should
receive H.M. approval.