The Sun.
London, England, 1830-09-11 00:00:00

PARLIAMENTARY PAPER.

LAW OF REAL PROPERTY.—No. VII.
SECOND REPORT OF THE COMMISSIONERS.
(Continued from our Paper of Saturday.)
The rulrf of 'equity Which gives priority to an
unregistered deed on the ground of notice, has, since
it was settled, been regarded with ditsatisfaction by
several of the equity Judges. Lord Hardwicke
"'the meaning of it (the Register Act) was to pre-
vent parol proofs of notice, or no notice." Lord
Alvanley expressed his regret that the Statute had
been broken in Upon by parol evidence; and Sir
William Grant said, that " limited as the law on the
subject is (to actual notice) the security derived
from the Register is considerably lessened, as no one
can with certainty tell whet circumstances may
truly or falsely be given in evidence or what judg-
ment a Court will ft-min as to the effect of`the evi-
dence in any particular case." The inconvenience
of giving effect to notice has led to the adoption of
a contrary rule .hi other countries, When the
Chancellor d'Agnesseau, among other questions
which lie proposed to all the Parliaments in France,
asked whether a creditor or purchaser, having notice
of the substitution before his contract or purchase,
should be admitted to plead the want of registration,
the answer returned by alt of them except one was,
that " to admit ther
contrary doctrine would make it
always open to argurnent, whether a purchaser or
creditor had or had not notice, and that this would
lead to endless uncertainty, confusion and perjury."
And it is provided by the Code Napoleon, t. 3, tit.
2, c. 6, art. 1071, " Le detain de transcription ne
pourra etre supplee, in regard comic convert par
la connoissance qui les creanciers, ou les tiers ac«
quereurs, pourraient avoir eu de la disposition par
d'autres voies quo celle de la transcription." The
Same rigorous adherence to the strict law of registra.
tion has prevailed in Scotland, without any 'neon-
venienee. Both our own and other WTI affOrd
strong examples of enfOrcing rigid rules of law
a ainst just claimants who have been wanting in
g
vigilance. 4. stronger case could not be cited than
that of our Statute of Frauds, which annuls, even at
between the parties, all contracts relating to land,
unless evidenced by writing. 'This Statute' has
often the moat rigorous operation against a careless,
in favour of an unjust person, and sanctions the vio-
lation of the most solemn engagements when they
cannot be proved otherwise than by parol evidence.
Yet its effects are acknowledged to have been highly
beneficial; it secures art extensive public good, of
infinitely greater importance than the few individual
interests which are sacrificed brio) provisions;' and
some important exceptions to it, which a regard to
moral justice in the indivitlual case, or compassion
for the suffering party, has induced our Courts of
Equity to establish, are now generally considered to
be unwise.

The Statute 21'th Elizabeth, against fraudulent
conveyances, takes effect both at law and in equity,
even when a purchaser has the fullest knowledge of
a settlement, which is defeated by his conveyance;
and Courts of Equity have not attempted, on the
ground of notice, to interfere with the Acts for the
Registry of life annuities or shipping.
The exclusion of interference on the ground of
notice will very rarely prevent the jurisdiction of a
Court of Equity, in cave of actual fraud. In all
cases in which priority may be given to a registered
over an unregistered deed by means of fraud, al-
though notice must be one of the ingredients to
prove the existence of the fraud, there will usually
be other circumstances by which, independently of
the notice, a fraudulent intention will be manifested.
Any conspiracy or improper conduet,.for preventing
or impeding the registration of one deed in order to
give effect to another, may always, be avoided us
fraudulent; and in other cases fraud will be shown
by inadequacy of price, or the circumstances under
which the subsequent deed wits executed, Where
a party suffers from his own negligence, or from not
requiring a caveat, which would haVe protected him
against any superior activity itt another, he will have