The Express.
London, England, 1851-03-18 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH IR, 1851.

ther objection which weighed with soar persons was
the forced disclosures which it was said the hill would occa-
sion. In that objection he saw no force. Much misrepre-
sentation had gone forth upon the subject, he was aware ;
and it seemed to be supposed that every nobleman and gen-
tleman would have his title-deeds transferred to this rues-
try by force. Such was not the ease, anti in ordinary cases
there need be very little further of disclosure than existed
at present. But it was peffilbetly tart; it a man wished
en remain nominally the owner of ,but borrowing ,
money over and over again upon it, when in point of tact
be had no real security to offer to the lender—it would not
be possible for him to do au under the system of registration
which it was proposed to establish. lie thought he had
now stated sufficient to induce their lordships to give a
second reading to a bill which he believed would effect a
considerable improvement in the law relating to landed
property in this eountry—a bill about which there was no
mystery-, hut which was so clear and simple that any one
might understand it.
Lord BROUGHAM thought the thanks of their lord-
ships, and of the legal profession especially, were due to his
noble and learned friend fur the pains he had bestowed
during so mane years past to confer on all who had any
dealings with landed property the inestimable benefits the
I present hill contemplated. Of the general principles, of the
measure everyone who had ever given a moment's thought
upon the subject mu-t approve, but the whole question de-
pended upon the details; and it was quite possible that a
person approving of legislation might say of any measure,
this is not the plan which will meet the ditfieulty."
Ile hail no doubt, however, that his noble friend would
listen to any proposition for affording ample time for the
fullest consideration of the details, and give due attention
to any suggestions that might he offered. The various objec-
tions which had been urged against the bill had been fully
stated, and he must add most triumphantly disposed of by
his noble and learned friend. With regard to the objection
of compulsory disclosure, he did not think there was
much in it. Of the measure generally he would only now
say that he believed it would confer inestimable
benefit* on the country, and he hoped it would be but the
first step towards a system of gradual, and therefore safe,
improvement in the law as it respected real property in ,
this country. To effect such improvement, however, they
' must steer clear of extreme opinions—on the one hand, of
the opinions of those who were opposed to all change, and,
un the other, they must as carefully avoid the opinions of
men whom no alteration and no change would satisfy as not
going far enough.
Lord BEAUMONT, as being the only member of the
mortis' commis-ion from whose report this measure hail in
part emanated, wished to be permitted to offer a few obser-
vations. When that commission concluded its labours, he
confessed that he was astonished to find that no system fir
the registration of dee& had been established in this country
at an earlier period. Ile entirely concurred in the two
main principles of the bill, viz., a general register, and the
registration of the original deeds, instead of memorials or
copies. Any objections which might otherwise have been
urged against the general or central registry were altogether
removed by the facilities for immediate and instant rim-
munkation which the post-office and the electric telegraph
afforded. With regard to the question of publicity, he saw
no disadvantage iu the public being able to ascertain that
such a property belonged to such a person, and only such a
property ; but the proposed system did not necessarily insist
on any publicity, or more publicity than exieted at present.
Another iniportant point, and, as he considered it, a great
feature of the bill, was, what was called in the:mport of
the commission, the " cancellation "of deeds. Ile thought
it highly desirable when instruments were no longer of use,
having satisfied the object for which they had been drawn,
and the interest they created hail become extinct, that they
should be at once done away with, and that in all future
taaminations in regard to the property to which they re-
haid there should be no trouble or expense in linking over
uwlesa drools and discharged mortgages. Another advan-
tage was that under this bill there would be a deposit
department. This, of course, earricol with it the necessity
of produting documents beyond what his noble and learned
friend had captained. AU the documents would be
brought into the registry office, and might be there referred
to, and there were provisions in the bill rather, to compel
all persons to bring theirekords iuto this deposit. That was
when a person was ulsiut to deal with any property he
could compel all persons interested to bring in their deeds
into the deposit department—not, of course, with the view
of giving each deeds priority, but that account might be taken
of them. Then, again, he considered the caveat which
Was provided for by this bill would he most useful. The
entering of the caveat, when property was purchased, would
answer all the purposes of a coutract, and would give
security to the purchaser against any deed not deposited
within a limited time. Another way in which the caveat
would be useful—it was a nut %infrequent practice to raise
money on the deposit of titlealeols—now, a caveat would
du just as well as the deposit of the deeds.

Lord 11110U0 HAM—As an equitable mortgage.
Lord BEAUMONT—Yes, as an equitable mortgage.
'aving referred to, and declared his approval of the other
provisions of the bill, the noble lord observed that
the necessity for some such provision was obvious,
for without it no one would buy land from a trader.
So much for the details the principle, the great
principle fun' which he had always struggled was, that in all
eases the interests of the bone fide purchaser should be
sesvnrl ; and he believed that that principle might be fully
GOTivil out without injury to any party.
Lord (ALAN WOR had only one observation to make,
and that should he addresesl to those member', of their
lonlshire hmese who had not been brought up to the legal
profession. Ile wished to, impress upon them that the great
advantage of the hill would he, that under the register the
thing to be proved would be a positive, nut a negative, pro-
position. At present all that was done was to prose a ne-
gative, the non-evistenee of any 1114.11% affecting the land,
the register would VOve the existence of such deeds as gave
a sound title to the purchaser. (Hear, hear.)
The bill was then read a second time.
Lord CAMPBELL congratulated their lordships upon
having affirms! P.O important a principle. As the details
were still stab jedice, be thought the hest course would
he to refer the bill to a select committee. Bill referred
arcordingly.
Their lordships adjourned at 10 minutes to 8 o'clock.

HOUSE OF CONIMONS.—NIONDAT, MARCH 17.
The Sett.tke.o took the chair at 4 o'clock.

PRIVATE BUSINESS.

SECOND It.E.%I.DNGS.•-.Anchor Assurance Company
(No. 2), East Stonehouse Waterworks, General Iteversion-
lay and investment Constants., Ilexthrote's Divorce, Mae-
lean 's INvorce, Warkworth Darbour Dock Company; Bills.
DurkinKham's Compensation Bill was postponed to Mum
dav next.
...—.—..

SMITHFIELD MARKET ENLARGEMENT BILL.
Sir J. DUKE moved that the order of the day fur the
second reading of this bill he postponed to that day week,
which, after some conversation, was Lttotti to.

PUBLIC BUSINESS.

. ....
PAYMENTS B CE FROM .BISHOPS TO TILE
Ere 1, Est.tsr teAL COMMISSIONERS. _

Numenius las titions, inrludit.g a great number on Papal
Airrissihm and the Ecclesiastical Titles Assumption Bill,
haring been presented,
Sir B. BALI. moved for a return of copies of all corre-
stsindence or communications between the ecclesiastical
commissioner. and the Arehbishop of York, the Bishops of
St. Asaph. Bath and Wells, and Ely, in respect of the sums'
due from .ich archbishop and bishops to the ecclesiastical
commi.ioners, as set forth in the third and last Report of
the Ecele4astical Commissioners for England. page 54, viz.:
From the Arebbi.hop of York. 2,3171. 14s. 2.1. ; Bishop of
St. Asaph. 1,661/. Os. 10.1.; Bishop of Bath and Wells,
3,49.1/., Bishop of Ely. 9.212/. 7s. 3d.: total, 16,7161. 2s. 3e1.,
with the date, of such correspondenee or communication,
and the when the sevenil sums were in all or part
parable, and any minutes of the commissioners thereon.
ordered.