Joint registered proprietors.

(s) Above, pp. 428, 429.

(t) Above, p. 1109.

(u) Land Transfer Rules(1903), 153.

(x) Above, p. 1090.

(y) Land Transfer Rules (1903), 153, 223.

(z) Above, p. 1062, n. (u).

(a) Stat. 38 & 39 Vict. c. 87, s. 84.

(b) See Ground Rent Development Co. v. West, 1902, 1 Ch. G74.

(c) See above, pp. 431, 924.

(d) Land Transfer Rules (1903), 17.

Where an application for registration as proprietor of land or a charge is made by a corporation, evidence is required of its incorporation and of its power to deal with the land or charge (g); and if the corporation be in any way restrained from alienation (h), a restriction, protecting such restraint, is to be entered in the register (i). And a transfer of land to a corporation (k) is not to be registered until the registrar is satisfied that it is in accordance with the law of mortmain (l); and where it shall appear to the registrar that a right of pre-emption, or reverter, or restrictive condition, or a restriction on alienation by the transferee, or any other like right or restriction exists, or may arise, he shall enter notice of any such right or conditions, or a restriction or inhibition protecting any such right, condition, or restriction on alienation or otherwise, in such manner and form as he shall think fit (m). An intending purchaser or chargee of land registered in the name of a corporation should therefore find any restrictions which may exist on the corporation's powers of alienation (n), properly noted in the register; and, of course he cannot take the transfer or charge unless the restrictions can he complied with or removed (o). But as it is enacted in the Land Transfer Act, 1897 (p), that where a registered disposition would if unregistered be absolutely void, the register shall be rectified, and the person suffering loss by the rectification shall be entitled to the indemnity provided by the Act (q), it appears that any one proposing to take a registered transfer or charge from a corporation must satisfy himself with respect to the incorporation and the powers of alienation possessed by the corporation in the same manner as if the land were not registered (r). For if he should omit to do this, and the transfer or charge were void as being ultra vires (s), and the necessary restriction had not been entered in the register, he might be ejected from the land or lose his charge thereon; although it appears that he would be entitled to the indemnity. And he must of course satisfy himself that the instrument of transfer or charge is executed in such manner as will bind the corporation (t).

Corporation registered as proprietor.

Transfer to a corporation.

(e) Stats. 38 & 39 Vict. c. 87, s. 69; 60 & 61 Vict. c. 65, s. 14 (1) and First Schedule.

(f) A restriction may be entered on dispositions by joint proprietors, after their number has been reduced below some specified limit; stats. 38 & 39 Vict. c. 87, s. 83 (3); 60 & 61 Vict. c. 65, First Schedule; Land Transfer Rules (1903), 224, 225.

(g) Land Transfer Rules (1903), 256.

(h) Above, pp. 855 sq.

(i) Land Transfer Rules (1903), 29.

(k) See ibid. r. 144. (l) Above, p. 852. (m) Ibid. r. 146. (») Above, pp. 855 sq.

Lands, which are vested in trustees for any charitable uses, or in the official trustee of charity lands, and for the sale of which the consent of the Charity Commissioners (u) or Board of Education (x) is by statute required, may be registered in the proprietorship of such trustees or official trustee, subject to a restriction on alienation without the consent of the Commissioners or the Board, as the case may be (y). But land, which is held for charitable uses and can be sold without the consent of the Charity Commissioners or the Board (z), may be registered in the proprietorship of the trustees thereof having the power of sale (a) without any restriction (b). Where application for registration as proprietors of land or a charge is made by any body of trustees, in whom, as such, property from time to time vests (c), evidence is required of the provisions under which the property so vests and of their power to deal with the land or charge (d); and if their estate be subject to a restraint on alienation, a restriction protecting the same is to be entered (c). A transfer of land for charitable uses (f) shall not be registered until the registrar is satisfied that it is in accordance with the law relating to charitable uses (g); and the like notice, restriction or inhibition is to be entered, where necessary, as on a transfer to a corporation (h). Owing to the above-mentioned provision of the Land Transfer Act, 1897, as to registered dispositions, which if unregistered would be absolutely void (i), it appears that, where an intending purchaser or chargee of land registered in the name of joint proprietors or a sole proprietor, without any restriction, has notice that it is held upon any charitable trust, he should satisfy himself that it can lawfully be disposed of without the consent of the Charity Commissioners, or Board of Education, in the same manner as if the land were not registered (k).

Charity lands registered.

(o) Above, p. 1070.

(p) Stat. 60 & 61 Vict. c. 65, s. 7 (2).

(q) See sect. 7 (1); stat. 38 & 39 Vict. c. 87, s. 95.

(r) Above, p. 865.

(s) Above, pp. 855 - 857.

(t) Above, p. 866.

(u) Above, pp. 394, 404 sq.

(x) By the Board of Education (Powers) Order in Council, 1902, made under the Board of Education Act, 1899 (stat. 62 & 63 Vict. c. 33, s. 2 (2)), all powers conferred on the Charity Commissioners by the Charitable Trusts Acts, 1853 to 1894, and relating to endowments held solely for educational purposes were transferred to the Board of Education; except the powers of appointing the official trustees of charitable funds and of making orders for vesting or transferring lands or funds in, to or from the official trustee of charitable lands or the official trustees of charitable funds.