The Sun.
London, England, 1830-09-03 00:00:00

PARLIAMENTARY PAPER.

LAW OF REAL PROPERTY.—No. V.
sy.ccgto REPORT OF THE COMMISSIONERS.
(Continued from our Paper of Toevlay.) '
At An early atuge of our inquiry we unanimmv,ly
'mind ut the conclusion, that the practical dull-
malty of arranging a plan which would afford facility
and certainty of reference to the registered ilooa•
mews, was the only important objection to the esta-
blishment of a General Register.
_

In directing our attention to the existinir Itogii-
ters in this and other countries, we found that tinee
different modes of reference have been minuted,

lit, Alphabetical indexes of the names of parties.
These are the only meals of reference now titled
at the offices (Jr iliddlesex and the Weir 11idint
of Yorkshire.

The Register Office in Scotland is yet without
an index. Indexes of names are now in progres,,
under the direction of the present Deputy Register.
21 Alphabetical indexes of places. These are
used in addition to the indexes of names in Ireland,
and were directed to be kept, by the Acts for Mitt-
diesel. and Yorkshire; but they have been discon-
tinued far minty years at the offices for Middlesex
and the West Riding.
31 Indexes referring to every different estate;
the several estates being identified and referred to
by numbers marked on a map or survey.
These are dsed in the Bedford Level, and in dif-
ferent States of Germany, and in other countries.
An index of the names of grunters and grantees is
the most natural and simple mt:dc of reference, and
it is not attended with matsy inconvOliences, or with
uncertainty, where the names are few; but the
number of names which must appear in the index
for a populous district readers this mode of refercuce
burthensome, mid liable to failure. In order to
secure safety, negative searches must he made in tint
name of every person who may have had any alien-
able interest in the estate through the whole period
of the ownership of Much person. The diffieultiee
attending a search in such an index are increased by
the occurrence of common names ; because when
there aro two or more persons of the same name,
the identity of the party cannot be aseertained With-
out a reference to the document, and therefore it
becomes necessary to inspect all the documents re-
lating to every other person of the $lllllO mine. A
similar itteonvenienee arises where the same person
his been entitled to *eyelid different estates : this
frequently happens where any owner of rise estate
has been a builder or speculator in lend, or where a
large estate has been sold in lots, or let upon 0-Act-
ing leases : in these cases, it cannot be ascertained
without a reference to the document whether it re-
late to the estate which is the object of the 'cards
and consequently it becomes necessary to exemitte
all the documents reliving to every stute of the party.
From these causes, where the title is extensive
and complietted, the labour and expellee of u seat.eb
become enormous. In the index for Middlesex for
one year the mimes wider one letter of the alphalat
have tilled nearly fifty pages, containing about
thirty-nine mantes each. We have been told that
search is rarely made at the present offices, except
from the time of the lust put chase at mortgage ; that
such a limited and inetbquate search fur one title has
occupied a solicitor or his clerk more than ten days ;
that one search has coat upwards of 20(11.; and that
in so,ne cases, where the estat has belonged to
pelsons of very common names,e or to speculative
builders, the search has been considered to be an-
practicable.
In addition to the danger of Overlooking a name
in the long lists contained in the different hooks, there
are other causes of error and mistake which are in-
separable from such indexes. It is impossible to
trace persons who have changed their merles, The
search requires considerable skill, and a perfect know-
ledge of the title and of the effect of all the differeet
instruments, in order to decide what persons at dif-
ferent periods may have had any alienable interest
in the estate, Negligence is promoted by the irk-
some nature of the employment ; it is necessary, as
often as the name under which the search is :made
appears in the index, to take down the volume in
which the document referred to is entered, and to
find out and carefully inspect the entry, and it often
becomes necessary to institute a minute comparisou
of the descriptions in different deeds, which in many
cases is attended with very great difficulty.
Indexes of names are capable of improvement.
The names might be divided into classes, seeeraing
to the second letter, and might be arranged and
printed, at stated periods, in strict diction,iry order.
It has been considered advantageous to imett the
residences and additions of the parties and mite
particulars of the property; this would ii.eyease
the length of indexes, and the trouble of ttedsing
them. The frequent instances in which: alterations
are made in the residences and additions of pattlee,
and in the names of closes end streets, and in the
numbers of houses, would occasion tnuny chances of
mistake. To provide for the safety of the party
searching, the index must be made conclusive us to
these particulars, or, in other words, effect must ibit
denied to the Register, so far us the specifications
its the index were inaccurate. This we consider a
conclusive objection to the proposed additions.
A superadded index of places is considered to let
attended with some advantages. The 'search is less
burthensome where each district is so email that
the doctunents relating to the lands comprised in it
are comparatively few, and in all cases such en
index affords a check against errors or omissions
which may have been made in searching the index
of names. The former advantage, Which is of im-
portance in Ireland, in consequence of a division
into districts of small extent, could not be had in
tide country, because in general there are no well-
defined districts smaller than parishes, and it appears
that, in 1829, there were upwards of 10,000 'lir-
lerent tenements assessed to the land-tax, in one
parish in Middlesex; and that some parishes, espe-
cially in the North of England, are as large as the
county of Rutland. It may also be objected to
such indexes, that they increase trouble when an
instrument ,relates to land in mote titan one district,
by requiring, in addition to an entry, under the
name of every grantor and grantee meotioned in the
instrument, as many entries its there are districts in
which property comprised in the instrument is
situated ; and unless such indexes were ured
merely as checks, in which case they would not re-
lieve from the search of the index of names, they
would be open to the conclusive objection which
we have stated with respect to the addition of
other particulars to the Indexes of !Unties ; unit
they cannot be effectual unless the name of every
district be required to be acetfrattly specified in the
document.

Indexes referring to every different wide aro not
open to the oljections which belong to iudotea of
names and places; they prevent the danger of error
or omission making stanches, becamo all the do.
cuments relating to the title appear in ono honk,
and may be seen at one view; they tequite WI
llttin
trouble alt possible in making the entries, because
no more than one entry of any document is necessary,
and they diminialt the expense and delay attending
the alienation of real property, by rend'eritig
cessary, in most cares, any personal search 11 the
solicitor, because an office copy of the index re-
lating to the estate will show all .the duCliniellti of
it.'

A few dare ago L. 13. ALLEN, Zit., of
Dulwich, received s requisition, noincromily end v.,-
opeetahly signed by the electors of Southwart,:callitig upon
him to offer himself as a candidate for the representation
of the borough in Parliament. Yoterday, however, Nfr.
At.Litti declined the honour, and waited upon the gen-
tlemen who sign,ll the requiction, to whom he express...al
his oltligations for the ►ugh and flattering testimonials
they han given him of their approbation of his piddle
conduct, Yesterday the friends of Lord Jour; llossm.i.
were busily e►►gaged in vativassing the electors of Senth.
wank. As yet there are no candidates spoken of as likely
to contest the borough, except Lord Jowl Itushat, and
Colonel Jan Es.

The new street in Paris, called Rue dit Doe
(le Bordeaux, now ha this run`• lutvriptiou—itoe du t D