THIS office was established under Law 6 of 1879 in place of what had been the ancient office of "Island Secretary," which had existed for a period of 220 years, and been held under letters patent until the year 1853, after which the Governor exercised the power of appointment, subject to Her Majesty's approval.

The Chief Justice for the time being is ex officio Keeper of the Records and has an official title as such. All public records and all registered deeds and writings formerly in the office of the Island Secretary are under his charge and superintendence, and every office or place in which public records under his charge are deposited is a branch of the Record Office.

The Deputy Keeper of the Records is appointed by the Governor: his functions are precisely those which belonged to the Island Secretary. All laws wherein reference is made to the Island Secretary or to the Island Secretary's Office take effect as if such reference were made to the Record Office and the Deputy Keeper of the Records. His duties comprehend the enrolling in proper registers of all deeds and conveyances, patents, wills which have been admitted to probate, annual produce accounts of estates and accounts-current of executors, administrators, trustees, attorneys, agents and persons acting in a fiduciary character, as well as the custody and preservation of the authenticated impression of the laws of the island. Law 23 of 1886 (the Incorporated Companies and Societies Law) requires a register of all Companies incorporated under the provisions of the 27 Vic., sess. 2, chap. 4, of all Friendly Societies established under the provisions of the 6 Vic., chap. 27, and of all Benefit Building Societies established under the provisions of the 28 Vic., chap. 17, to be kept in the Registry Office. Transcripts of the Rules and Regulations of these Societies and Companies (when certified by the Attorney General) are to be filed in the office; and the annual general statements of the funds and effects of the Societies and Companies are to be sent to the Deputy Keeper of the Records and by him published in the Jamaica Gazette.

It is necessary to the validity of a deed affecting land that it should be recorded. An unrecorded lease is not good for more than three years.

The priority and privileges of mortgages are regulated by the time of their execution and of their being recorded. As between the vendor and vendee or mortgagor and mortgagee the deed may be recorded at any time, and when recorded will have relation back to its date; but as between vendee and mortgagee and subsequent purchasers or incumbrancers it must be recorded within three months, otherwise the first vendee or mortgagee will lose his priority if subsequent purchasers or incumbrancers have recorded their deeds within the proper time. The principle that priority of registration carries with it priority of right is better secured by a provision which now requires the hour of presentation to be endorsed on every document entered for registration.

Abstracts or notes from the registers may be taken by persons interested in searching the records, but copies of all public records must be made and certified by the Deputy Keeper, and sealed with the official seal of the office at the cost of the person desiring the same. Office copies so made and certified are evidence in all Courts of Justice, without further proof, in every case in which the original record would have been received as evidence.

Deeds or writings recorded for Registration shall if required be returned at any

time after registration but 90 days is fixed as the maximum delay within which such Deeds must be recorded.

One of the rules of the office requires "searchers to replace the indices which they have been using, and to return the records, documents and books they have received to an officer of the Record Office."

No public record may be taken out of the Record Office unless under an order of some competent Court.

The expenses of the office, including salaries, are limited to the sum of £1,200 per annum. All revenue is paid over to the Treasury for the use of the public.

SCHEDULE OF FEES IN THE RECORD office.

For recording deeds and other writing per legal sheet (of 160 words)

66

plat or diagram at the rate of 1/3 for each quarter of an hour or per hour
crop accounts

memorandum of mortgage under Benefit Building Society's Act, 1865

For copying office copies of deeds or other writings recorded in the Record Office, per legal sheet (of 160 words)

For each docket of land for Collector-General

For entering satisfaction on mortgage, including the search

0 2 0

For taking each receipt for any deed or other writing delivered out of office, the receipt being lost 0 1 0
For the production of any record into Court, not including travelling expenses
For preparing and recording a docket of any deed per sheet of such deed

0 2

0 0 4

For recording "with expedition" any deed or instrument (in addition to the ordinary fees for recording)

For each inspection of the Register of Companies Incorporated and Societies established by law certificate of registration of a Friendly or Building or Benefit Building Society

66

All fees are payable before doing any act in respect of which they are payable.

This Department has charge of the public gardens and plantations at Castleton, Cinchona, Hope, Kingston Parade, King's House Gardens and Grounds, and the old Garden at Bath. Full details of these establishments will be found in Part XIAgricultural and Pastoral.

DEPARTMENT OF PUBLIC GARDENS AND PLANTATIONS.*

Office.

Salary and other Emolument.

Date of First Appointment to Public Service.

Name of Holder.

IMMIGRATION.

DURING the period that intervened between the 1st October, 1873, and the 31st March, 1888, the number of immigrants who returned to India was 5,068. On the latter date

The number serving under indenture in the colony was

Nil

The number who had served five years under indenture but had not com-
pleted ten years' residence was

2,860

The number who had completed ten years' residence and voluntarily
become colonists was

10,206

The total number of East Indian immigrants in the colony on
the 31st December, 1887, was therefore

13,066

Under the amended immigration system the immigrants who arrived after 1878 are not entitled to bounty in lieu of return passages; consequently no money will be paid to those who are completing their industrial residence in the colony.

Of the coolies who were in Jamaica on the 30th September, 1881, 456 were depositors in the Government Savings Bank to the extent of £11,491 Os. 4d. On the 31st March, 1891, the number of depositors were 745 and the amount of deposits £16,758 38. 6d. The total amount of money taken in Government bills to India by the coolies who returned between the years 1871 and the sailing of the "Foyle" in May, 1890, inclusive, was £70,603 7s. 10d. No record was kept for the previous

years.

The Governor had under Law 18 of 1886 issued a Proclamation suspending the provisions of the Immigration Laws bearing on applications for immigrants, but under the same Act the Executive retained the power of revoking by Proclamation any such suspension. The Legislative Council in the autumn session of 1888 passed a resolution to the effect that immigrants should be introduced only on the condition that the whole cost should be borne by the importers. A notice was issued at the end of 1888 inviting applications for labourers from Barbados but no applications were made. The question of the renewal of East Indian Immigration was again brought before the Legislative Council in the session of 1891 and two Laws were passed, namely "The Immigration Finance Law, 1879" and the "Immigration Protection and Regulation Law, 1879, Amendment Law, 1891." Under these laws the Immigration Department has been made available for the protection of native labourers who enter into contracts for work on plantations, and extends to them the same rights and privileges as are enjoyed by indentured immigrants. Employers of indentured immigrants are required to pay in respect of each immigrant, in his option, either

As the sum at credit of the Immigration Fund is, however, only sufficient to introduce a limited number of immigrants, estimated at 1,000, on these terms each year, any applications for a larger number can only be met if the applicants undertake to pay a higher rate, to be fixed by the Governor, for any number in excess.

A law has also been passed abolishing the export duties on sugar and rum which formerly were credited to the Immigration Fund. In the meantime the Proclamation had been revoked and 1,000 Coolies ordered from India. The East Indian population now in the island is estimated at 13,966 including the coolies who recently arrived in the S. S. "Belgravia."

THE Registration of Titles Law, 21 of 1888, came into operation on the 1st October, 1889.

The law is similar to that in force for over 25 years in the Australian Colonies, "The transfer of land by Registration Law," and where it has been a decided success. The manner of bringing lands under the law is as follows:

An application describing the lands, stating the value and giving the names of the persons in possession, and of the owners and occupiers of the adjoining lands is made (on the printed form to be obtained from the Registrar) to bring the lands under the law and to have the certificate of title issued either in the name of the applicant or in that of some other person. The deeds or other documents in support of the title to the lands, with a certificate from the Collector of Taxes for the

+ Cessation of immigration until 1867.

* Cessation of immigration until 1860. Previous to 1871 there was no system of Government bills for the remittance to India of money belonging to returning immigrants, and the amounts carried away in specie and colonial bank bills of exchange are unknown.

A large amount of silver and gold jewelry and gold coins is still carried away in each ship, gold being at a large premium in India. Only 40 females to each 100 males are introduced. NOTE-For the entire History of Immigration-see previous editions of Handbook.

? Protector receives travelling allowance on the same scale as other Heads of Department, and each Inspector receives 1/ a mile travelling allowance.

parish in which the land is situate, that the taxes on such land have been paid at the date of the application, must accompany the application. Upon their receipt by the Registrar he enters the application in a book kept for that purpose and then submits the application and papers to one of the Referees.

After the Referee has given his approval in writing of the applicant's title, notices of such application (describing the lands as fully as possible) are published in the Jamaica Gazette or other local newspaper and served by registered letter through the Post Office upon such persons as the Referee may indicate as likely to be interested in such land; and also upon the occupiers and owners of adjoining lands. These notices set forth the purport of the application and intimate that unless objection be made, by lodging a caveat in the Registrar's Office within the time prescribed by the notice, the land will be brought under the provision of the law and an indefeasible title will be granted to the applicant, or to the person in whose name the certificate of title was directed to be issued.

If a caveat be lodged within the appointed time the Registrar will suspend proceedings until 1st, it is withdrawn ; 2nd, by the lapse of the caveat not being followed up by other proceedings; 3rd, by the receipt of the final judgment of the Supreme Court upon the question raised.

If no caveat be lodged the land is brought under the law by the issue of a cer tificate of title in duplicate. The certificate of title defines the land and the nature of the estate taken thereunder. Space is left in these certificates for the endorsement of subsequent dealings with such land. One of the certificates of title is bound up in the register book and the other is given to the owner of the land. Under the law an assurance fund is created of d. in the pound upon the value of land when first brought under the system, and upon land transmitted by will, or upon the intestacy of a registered proprietor. This fund is for the purpose of compensating any rightful owner by a money payment instead of allowing him to recover the land.

On the issue of a certificate of title, at the request of the applicant in the name of a purchaser of land, there is no formal deed of conveyance necessary, neither is there any stamp duty payable.

The fees payable are stated in the schedule to Law 20 of 1889.

Since the law came into operation lands to the value of £58,814 have been registered up to the 31st December, 1891. And since the 1st January to 1st September, 1892, lands to the value of £36,951 more have been registered. There can be no doubt that when the law becomes better known it will be more appreciated and will be extensively used-the forms of proceedings for transferring and otherwise dealing with lands registered being of the simplest nature.

There are several properties in the island for which no marketable titles can be given, but in the majority of cases these lands, with a little trouble could be brought under the Registration of Titles Law and defects in such titles cured.

ESTABLISHMENT OF THE REGISTRATION OF TITLES OFFICE.

GOVERNMENT PRINTING OFFICE.

THE Government Printing Office was established in October, 1879, previous to which date the parliamentary, departmental and parochial printing had been done under contract with private firms and by the convict labour at the General Penitentiary.

The Government Printing Office is situated in Duke Street, Kingston, and con

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