The Sun.
London, England, 1830-09-21 00:00:00

LONDON, TUESDAY EVENING, SEPTEMBER 21, I

PARLIAMENTARY PAPER.

LAW OF REAL PROPERTY.—No. XTh.
TIM SECOND nEpora OF COM3IISSIONERS.

(Continued from our Paper of Iliur,alay.)

If a General Register Office in the Metropolis be
established, registration should be substituted for the
inrolment of instruments in the Courts of record and
with the clerks of the peace, and should have the
same effect. The books in the present Register
Office and other offices would be superseded, should
he transferred to the Register Office, and might con-
veniently be kept in separate apartments for the pur-
pose of reference with respect to transactions pre-
vious to the commencement of the General Regis-
ter, and it may be thought expedient that improved
indexes to some of them should be made.

It appears to us advisable to confine the Register
on its first establishment to the deeds and other in-
struments we have described, in order that the busi-
ness of the office may not be of greater extent than
may be absolutely necessary to affect the most im-
portant objects of the Register, until the details of
the system have been matured by practice ; but we
are of opinion, that hereafter it may be expedient to
extend the establishment to the collection and pre-
servation of other kinds of evidence of the title to
property.
A Register of instruments affecting equitable in-
terests in copyhold estates, in shares and charges
transferrable in books of public companies, and
in monies in the public funds, and in other pro-
perry of which the legal title is shewn by some
kind of Register, would tend to prevent the com-
mission of fraud, and facilitate the alienation of
such interests.

In our former Report we alluded to au improve-
ment of the means of obtaining and preserving evi-
dence of pedigree, a subject which has been muck
considered by most of those who have turned their
attention to Legal Reform. Whether the present
system of Parochial Registers be continued, or any
other plan be adopted, it seems desirable that the
documents appropriated to those purposes should be
collected in a department of the Register Office.
By these MOM'S the different species of evidence of
title might be seen at one place, and be under the
control of the same officers ; and one of the principal
sources of the delay, expense, and uncertainty at-
tending the alienation of real property would be
removed.

Another department might be appropriated, under
proper regulations, to the deposit of deeds, prior
to the Register, for safe custody. We are ,of
opinion that it would be advantageous not only to
allow such deposit to be made by arrangement
between the parties, but also to authorize Courts
of Equity, in some cases, to compel such deposit;
and that any person who shall have covenanted
for the production of deeds might be permitted to
deposit them; and we think that such deposit
should be deemed a satisfaction of his covenant.
Solicitors, and other persons having deeds in their
custody, and not knowing who may be entitled to
them, might, under proper regulations, be authorized
to send them to the Register Office.
Wilts are sometimes suppressed, and it has been
stated to us, that they pre often left in the custody
of solicitors, who are not called upon to produce
them. e have received from several quarters
the suggestion of allowing parties in their life time
to deposit their own wills at the Register Office.
In considering the various effects which the esta-
blishment of a Register will produce, we have turned
our attention to the nature of the present emolu-
ments of Solicitors.

The emoluments of the Solicitors who conduct
the. business of conveyancing depend in a great
measure on the number and length of deeds and
tibstraetsi and the multiplication of copies; for all
which they are very liberally paid. All these it is
one of the objects, and the probable results, of a
Register to abridge. There is, however, a con-
siderable part of the duty of Solicitors requiring
much skill and care, and imposing great responsibi-
lity, for which they are at present very inadequately
remunerated.

We think it for the public good that Solicitors
should be liberally remunerated for their services.
Considering the confidence reposed in them, and the
intelligence and skill required from, them, it is de-
sirable that they should be men of education and of
honourable feelings, and should occupy a respectable
station. In our opinion it would be highly inex-
pedient that the rank which they hold in this country
should be lowered.

It will therefore be necessary to provide for the
remuneration of Solicitors in a different manner.
Their fees for actual Services should be higher than
they are at present, and perhaps some mode of re-
gulating them, which now exists only with respect
to costs of actions and suits, might be beneficially
introduced.

This subject requires great consideration and due
attention to the suggbstions which may be obtained
from the leading members of that part of the pro-
fession.

We would, however, observe, that the diminution
of the profits of Solicitors from the present sources,
will not be felt fora considerable time, and thut
afterwards it will be gradual.
We beg to assure your Majesty, that we are pro-
ceeding with diligence in the consideration of the
other important subjects of inquiry included in your
Majesty's Commission. Bearing in mind the re-
commendation in our former Report, " That if any
legislative measures are to be founded upon our sug-
gestions, they should be brought forward at one
time, as parts of a systematic reform," we are of
opinion, that under the circumstances we have
stated, the proposal of a General Register may use-
fully be made an exception ; and we would add, that
as the propositions contained in our former Report
have now been a considerable time under the public
view, and have, as we conceive, stood the test of the
judgment of qualified persons, and especially as many
of them have been adopted by your Majesty's Com-
missioners for inquiring into the practice and pro-
ceedings of the superior Courts of Common Law,
and incorporated in their Iteport, we conceive that
those propositions may now with safety be submitted
to the Legislature.

~
We humbly submit this our Second Report to
your Majesty's Royal consideration.
(Signed) JOHN CAMPBELL (LS.
'WILLIAM HENRY TINNEY. (L.S.
FRANCIS WILLIAM SANDERS. (LS.
LEWIS DUVAL. (LS.
JOHN HODGSON. LS.
SAMUEL DUCKWORTH. LS.)
PETER BELLINGER BRODIE. L.S.
JOHN TYRIIELL. L.S.

STATEMENT AS TO THE PROOF OF WILIS, AND TAKING
OUT ADMINISTRATIONS IN CASES OF TERMS OF

YEAftS.

A will must be proved, and letters of administra-
tion must be taken out in the court of the ordinary,
who has jurisdiction over the assets of the testator
or intestate. If the trustee of a term (lie, leaving
personal effects, all of which, including the land in
the term, are within the jurisdiction of the same
court, his will ought to be preyed, or administration
ought to be taken out in that court. If he die,
leaving personal effects in one diocese or peculiar, the
land in the term being in another diocese or peculiar
within the same province, either Canterbury or York
his will ought to be proved, or the letters of adminis-
tration ought to be taken out, in the Prerogative Court
of that province. If he die, leaving personal effects
Within one of the two provinces, and the land in the
term be within the other province, for the purpose
of administering his assets, exclusive of the term,

the will must be proved or the letters of administra-
tion must be taken out either in the Prerogative
Court of that province or in an inferior Court, as
circumstances may require; but, on account of the
►erm, the will must also be proved, or administra-
tion must, also be taken out, either in the Preroga-
tive Court of the other province, or if he had no
other assets within that province, besides the term,
in the inferior Court of the ordinary having juris-
diction over the place where the land in the term is
situated. •

If the will of a deceased trustee of a term be
proved in an inferior Court, not having jurisdiction
over the place where the land in ►he terns is situ-
ated, or in an inferior Court having such jurisdic-
tion, when the testator left other assets out of that
jurisdiction, but within the same province in which
the land in the term lies, or in the Prerogative
Court of one province when the land in the term is
within the other province, and the executor so prov-
ing should assign the term ; yet although he could
make the assignment, no use could be made of it, us
the probate he had obtained would not, in proving
the title to the term, be admitted as evidence, to
prove that he was the executor. But the assign-
ment though made by an executor who, as to the
term, has not proved the will in the proper Court,
will be rendered available, if the will should, either
in the lifetime of the executor, or after his decease,
be proved in the Court in which it ought to have
been originally proved with reference to the term, as
part of the assets of the testator, us such subsequent
probate would, in proving the title to the term, be
r admitted as evidence to prove that the person who
assigned it was the executor.
If the administration to a deceased trustee of a term
who died intestate be taken out in an inferior Court,
not having jurisdiction over the place where the land
in the term is situated, or in an inferior Court having
such jurisdiction, when the intestate left other assets
out of that jurisdiction, but within the same pro.
wince in which the land in the term lies, or in the
Prerogative Court of one province, when the land in
the term is within the other province, an assign-
ment of the term by the administrator would be
absolutely void.
If all the assets of a deceased trustee of a term,
including the term, be in the same province, and his
will be proved in an inferior Court not having juris-
diction over the place where the land in the term is
situated, or in an inferior Court whose jurisdiction
embraces the laud in the term, but does not extend
to the other assets, according to a practice recently
adopted, to avoid the transmission of the will from
the inferior Court to the Prerogative, letters of admi-
nistration limited to the effects of the deceased
trustee, so for as regards the term, are granted by
the Prerogative Court to some person for the pur-
pose of assigni►rg; the term, and in that case the title
to the term, even if it should have been previously
assigued by the executor of the trustee, is traced
from the trustee through the medium of the assign-
ment from the limited administrator.

If a trustee of a term has died intestate, and it
should at any time afterwards be requisite to have
the term assigned, and at the time of requiring the
assignment there should be no administrator of the
deceased trustee, or being such, he should have de-
rived his qualification from a court whose jurisdic-
tion does not embrace the land in the term, it is
usual, in these cases, for the purpose of assigning
the term, to obtain letters of administration limited
to the effects of the trustee so far as regards the term.
If a trustee of a term has died intestate, and his
assets, including the term, should, so far as they are
known, be confined to one inferior jurisdiction : or,
exclusive of the term, should, so far as they are
known, be confined to one province, and the land
in the term should be within the other province,
and it should be necessary to obtain limited letters
of administration for the purpose of assigning the
term in either of the cases, notwithstanding a limited
administration from the inferior Court, whose juris-
diction embraces the land in the term, might be suf-
ficient, yet in practice a grant from the Prerogative
Court, although more expensive than a grunt from
the inferior Court, is generally preferred. Because,
an administration granted by a Prerogative Court,
when it has no authority to do so, is good till re-
pealed, and all the mesne acts of the administrator
are valid; but an administration granted by an in-
ferior Court, when the same ought to have been
granted by the Prerogative Court, is absolutely void,
and all the mesne acts of the administrator are in-
valid : so that the assignment of the term, by the
limited administrator from the Prerogative Court,
would stand good although that Court, supposing
the intestate not to have left assets, including the
term, in more than one inferior jurisdiction, may
have exceeded its authority in making the grant; on
the other hand, the assignment of the term by the
limited administrator from the inferior Court would
be absolutely void, if it should afterwards be dis-
covered that the intestate left assets in more than
one inferior jurisdiction.
It hardly ever happens that the executor or admi-
nistrator ota deceased testator or intestate, knows that
such testator or intestate was trustee of a term; conse-
quently the will is proved, or letters of administra-
tion are obtained in that court, where the ordinary
has jurisdiction over the assets with which the
person proving or obtaining administration is ac-
quainted.

Trustees of terms in estates of any magnitude
are usually selected out of persons who leave assets
suOieiently extensive to require a Prerogative probate
or administration. Consequently, an inadequate
probate or administration, with reference to a term
vested in o deceased trustee, is in these cases rare,
except when the assets of the deceased trustee,
exclusive of the term, are in one province, and the
land in the term is in the other province.
Trustees of terms in small estates are generally
persons whose assets, without taking the terms into
account, do not require Prerogative probates or ad•
ministrations, and their wills are proved, or adminis-
trations to their effects are token out in the
inferior Courts in which their assets, without regard
to the terms, happen to be, and very frequently the
lands in the terms are out of the jurisdictions of the
Courts where the probates or letters of administra-
don were obtained.
The chances against a will being properly proved,
or of letters of administration being properly taken
out, with reference to a term, are greatly increased
front the circumstance of there being so many Courts
whichiu wills are proved, and by which letters of
administration are granted. It appears from the
Parliamentary Returns, made in the year 1828, that,
exclusive of the two Prerogative Courts of Canter•
bury and York, there are in those provinces inferior
Courts for proving wills, such as Bishops, Arch-
deacons, Deans and Chapters, Prebendaries, Lords
of Manors and others, to the extent of about !VA),
and that the jurisdiction of many of these Courts
does not extend beyond a few parishes, and that the
jurisdiction of some of them does not extend beyond
one parish or manor.

Instances ilaily occur, in which, with a view to
enable parties to trace titles to terms assigned by
executors who have not proved wills in proper
Courts, or with a view to make assignments of terms,
or with a view to recover or defend the possession at
►aw, it is necessary, from some or 'other of the causes
above stated, either to prove the wills of deceased
trustees of terms in other Courts, or to take out ad-
ministrations to their effects. The proving of a
will or the taking out of administration occasions
considerable delay in every transaction in which it

330.

PRICE 7D.

required, nod tbeexpence attending it is a serious
tax On the landed proprietor, and it is obvious that
the extent of the evil is in proportion to the number
id wills or administrations to be proved or taken out.

AS To THE ESTIMATED EXPENSES OF THE
ESTABLISHMENT.

The following statement is an attempt to esti-
mate, as nearly as possible, the quantity of business
to be transacted at the proposed Register Office,
the buildings toil officers which will be requisite for
irs purposes, the probable expense of the whole
establishment, and the fees which it may be proper
to require on each transaction, in order to cover the
%whole of these expenses.
It was expected that returns from the Stamp-
office might have afforded the means of ascertaining
the average number of deeds relating to real estate,
but very little information can be obtained from that
source,-because there is no distinction between the
stamps used for instruments relating to real property
those used for instruments rerating to personal
estate, or between those used in England and those
used in Scotland, and becauve several stamps are fre-
quently put upon one deed, in order to make up the
requisite amount of duty.
The whole number of deed and agreement stamps
used in Great Britain in 1825, was 397,793.
Of such of these as were distributed in London,
the following particulars appear from the returns
from the Stamp-office, printed in the Appendix to
rho Fourteenth Report of the Commissioners for
inquiring into the Revenue.

NUMBER OF Al) VALOREM DEEDS.
STAMPS.

On Conveyances under 800/ £25,166
Ditto, above
Mortgage under 800/.... 10,045
Ditto, above 2,851
.

Settlements 924
Fed'Meats anti Bargains and Sales 2,887
Leases
.10,726
Gifts... 7B
Grants of Annuities 26

Other Deeds, exclusive of Leases for a year... 7,011

X 69,598

It appears from this return, that out of '70,000
stamps one half were ad valorem duties for sums
under the amount of 300/., but this leads to no re-
sult which can be depended upon as to the number
of deeds, because two or more ad valorem stamps
may have been affixed to one deed.

The first point to be ascertained is the average
number of deeds that will be registered in one year.
It is obvious that with reference to any given dis-
trict, this will depend upon its extent, the number
of the inhabitants, their wealth and employment,
whether trade or agriculture.
The districts in which the Registers of England
have been established, afford examples of every kind,
and therefore enable us to arrive at safe conclusions.
The Irish and Scotch Registers do not afford any
data from which the number of instruments Aid,
would be registered to England and Wales can be
ascertained.

The hinds in the Bedford Level are wholly agri-
cultural; they are all cultivated, and much subdi-
vided, and. probably alienations are more frequent
there than m most of the agricultural parts of Eng-
land and Wales. The waste lands in England and
Wales (which are not transferred so frequently as
cultivated lands) may safely be deemed equivalent
to 1,250,000 cultivated acres ; and if all the lands
in England and Wales are considered as equal to
30,000,000 acres of cultivated lands, and to be
aliened or charged in the same proportion as the
lands in the Bedford Level, the number of deeds to
be registered in every year would be about 41,000.
The population and wealth of Middlesex are
greater than those of any other part of the kingdom
Of the same extent, and a large proportion of its in-
habitants are engaged in trade.
The population is about one-tenth of that of Eng-
land and Wales ; and if the number of instruments
to be so registered in England and Wales were cal-
culated from the number of inhabitants, compared
with those of Middlesex, such instruments would
amount to about 95,000 per annum ; this would,
however, be greater than the truth,. because a larger
proportion of the population of the other pints of
England and Wales is agricultural.
From the Registers of Yorkshire it appears, that
the number of transactions which are registered is
nearly in proportion to the number of people, and is
little affected by the extent of the district.
The West Riding is eminently commercial and
populous; the North and East Ridings are deci-
dedly agricultural, and thinly inhabited. On eom-
paring the whole population mad extent of Yorkshire,
with those of England and Wales, it appears that
they are respectively in the proportion of one to
ten; and it may be concluded, with considerable
confidence, thatthe number of instruments registered
in Yorkshire is about one-tenth of the whole number
to be registered in England and Wales, and conse-
quently, that the whole number to be registered in
England and Wales would be about 70,000 per
annum.

There would be less trouble in registering instru-
ments upon the proposed plan than upon the plan of
the present Registers; for although the proposed
Index would certainly require attention, yet it would
not, together with the directory, occupy more time
than the different entries required to be made in the
present indexes of names, and the authentication of
the instruments, and the making and examining
copies in the books for daily use, would be dens
away, and the time, talent, and attention requi-
site for examining a copy of the deed to be sent
down to the party, would be less than that requisite
for ascertaining that a memorial of the deed is accts•
rate and proper. The time and labour at present
expended in searches would be almost entirely saved,
for there would be few instances in which more
would be required than the inspection, or a copy of
the entries under the symbol ; and these savings
would very greatly exceed the time and labour
ne-
cessary for making out the entries under the symbol. •
Thu division of the Register into districts should
be made on the principle of equalizing the business
of the districts, and of giving to each district full
employment for one set of officers.
Middlesex cannot be conveniently divided, and it
will not furnish more work than one set of officers
can perform; it may therefore be taken as one of the
districts, and the remainder of lingland and Wales
may then-be divided into eight districts.
Although Middlesex is the smallest of the nine
districts, both in extent and population, yet the busi-
ness, except as to correspondence, will probably be
greater than that of any other district. There are
about 9,500 instruments to be registered annually in
Middlesex, and there will be only about 60,50 t) in
the other eight districts, or about 7,560 in each.,---
The business of correspondence as to such districts,
will, however, be considerable.
We have ascertained the number of officers and
clerks at the present Register Offices, and the nature
of their employment ; and by comparing the duties
performed by them with those which will be re-
quired under the proposed plan, we are satisfied that
proper salaries for all officers and servants who will
be necessary will not exceed the sum of 15,0004
per annum.

AS TO THE PROBABLE RXTENT OF THE BUILO)Nus,

They must be sufficiently large to bold all the
books that may accumulate perhaps for eighty years.
In the Bedford Level, the 130 conveyances re-
gistered in a year, till about one volume and one
half. Supposing 80,000 in,truments to be regis-
tered in each year, they would till upon the same

av'erage about W.3.' volumes; but the present length
of deeds will be greatly, diminished,
From the evidence it appears, that the space oc-
cupied by the present Registries, which have now
been in operation for 120years,are exceedingly small.
If, therefore, the General Register should help-
stituted on the plan of the present Registries, it
might be said that five times the, space of the pre-
' sent Registries would be sufficient for England and
Wales for 120 years. On that supposition, a build-
ing of the size of Lincoln's Inn-hull, which is about
seventy-one feet in length and thirty-two feet in
breadth, divided into throe stories, would be much
more than sufficient for the whole establishment.
There are, however, two CIECURIBtaIIeCiI which
render it probable that more space will be required.
First, The number of transactions daring the
next century will exceed those of the last, notwith-
standing the great diminution of assignments of out-
standing terms and other deeds ; and, secondly, the
instruments are to be registered at length.
As to the,last cause of increase, it appears that
memorials usually run to about one-fifth of the
length of the deeds; but the present length of deeds
will be diminished, and, by the proposed plan, in-
mead of having both the memorials themselves and
copies of them in the books, there will be only the
registered deeds.

The building ought to be in the centre of London,
and should be fire-proof and substantial ; a proper
return for the money. expended in building it need Not
exceed 1,0001. per annum.
If fuel, painting, repairs, and casual and trifore,
seen expenees equal to 1,5001. per annum, the
whole expenses of the office would be—
Mims
Rent l,OOO
Stationery.— ......
Vuel, Sre 1,600

per annum for all
Eat;lantl and
So that the whole el:xlif:e't(tittl)i(t)utle.e will probably not
exceed 20,000/. per annum.
In all these Registries a considerable portion of
the fees is paid to the head Registrar, who does no
part of the work. In the Middlesex Register, threc-
fourths of the gross receipts are divided amongst the
four bead Registrars; and the real expellees of the
dice in registration and searches to the persons who
have guy business there, are only about 1,0001. per
annum.

If there be not some mistake in the retains to
the House of Commons in 1826 of three previous
years, it is strange that the gross amount of the f,.ei
should have increased so much beyond their propor-
tion to the business done in the East nod West
Ridings in the years 1827-8 and V. It is possible,
though otherwise expressed, that the receipts which
are stated are only the receipts for the memorials,
and do not include the searches.
h should be observed, that in Yorkshire the
buildings and the stationery are furnished by the
county in Middlesex they are provided out of the
gross receipts.
In estimating the outgoings, the number of drunk
has been increased from 70,000 to 80,000. In es-
timating the necessary charges, the number of deeds
should not be taken at more than the actual number;
and, if they are considered to be 70,000, a fee of Ors.
a deed for registration, would afford ut once 21,0001.
per annum.
The profits arising from searches in the proposed
register, arid from certified copies of the symbole,
will be very small at the commencement of the Re-
gister ; but, as it advances, they will probably in.
crease to a considerable amount.

When the office becomes fall of deeds, the num.
ber of office copies required by the public will be
very numerous. At present, the number of attested
and plain copies made by the solicitors is very great.
The charge for these attested copies is at the rate
of sixpence a folio. If the original deeds ere depo-
sited, and office copies can be obtained at any time
when they are wanted, it is probable that not half
of the copies which are taken at present will ever
be wanted. The office, by charging only twopence
per folio for its copies, would probably in a short
time raise art income which would cover the whole
expenses of the office and render any other charges
unnecessary.

It is proposed, that the postage for all the imperil
and letters transmitted directly to and from the
office, shall be paid by the office, and thit the
average amount shall be added to the charges for
registration.

The probable Average expense of registering a deed
may now be estimated. We shall suppose that the
instrument is forty-eight folios lung, which is more
than the present average, and that the purchaser or
mortgagee has also an office copy sent down to him
to keep. Thu expenses would he--

Gs. For registering.
2s. Postage to town.
tis. Office copy to he sent doivn to the put.cheser.
2s. Office copy postage down.

18i.
Is. Solicitor's sharp for leiter and transul'atiou.

255.

If the party should choose to have a duplicate
original, he would save the Bs. for the office copy,
but the duplicate would .of course cost him much
more. The only advantage of the duplicate would
be, that it could be given in evidence with less ex-
pense than the registered original, without notice to
the opposite party. The expenses on short deeds
would be much less than the above charge, and in
almost all transactions of small amount the deeds are
very short, but it may be expedient to diminish still
more the charge on transactions under UM
This would of course increase the charge on the
transactions above 100/.

At the commencement of the Register, compensa-
tion must be made to such of the officers of the ex-
isting Registries as cannot be transferred to dm
General Register.
Under the proposed vita*, the rharges of
registration will be much sandier than they are at
preseat in the registeting counties. We consider
the amount of these expenses is Middlesex is ge-
nerally more then two guineas, and about three
guineas in Yorkshire, the difference being occasioned
principally by the journeys of the authenticating
witness. It should be observed, however, that a
stamp of 10s. on the memorial constitutes part of
these expenses. This duty we think unjust and
politic : there is no reason why a registered dead
should pay any greater tax than a deed which is not
registered; end the tax operates strongly against
registration. The expenses of searches will be rt.
duced in a much greater degree. In some .ease
only an office copy of the index entice the symbol
during a certain period will be required, for, which,
on the average, u charge of es.,6d, would be
tidi-
cleat a when a search iu the index to the roots of
titles, or in the index of wills, is required, it might
he made by the officer, end a certificate Overt of it,
and five shilliagt would be a sufficient charge for
each search.