The Sun.
London, England, 1830-09-07 00:00:00

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and mischief,
...seedy for the time past, and there
ue danger that the remedy applied for the
future may be to abrogate or to annul by gradual
disuse the Whale law of registration.
For a full statement of the reasons on this side
of the question, we refer to a paper submitted to
us ost
b one of the m eminent Chancery Lawyers of
the resent day, to whom we are indebted for much
velnapyble assistance.
The reasons in favour of excluding the inter-
ference of Courts of Equity on the ground of notice,
may be thus stated.
If the public good require that a purchaser; to
have the protection of the law, should comply with
a form, and that form be made simple and easy, a
purchaser omitting the form has no just ground of
complaint that the protection is not given. If the
omission were not wilful, he should still blame only
Ida own want of care,' or that of his agents. It is
reatly, for the public good that civil rights should
be capable of being ascertained without difficulty, and
for this purpose the law on which they depend should
as far as possible be general, anti not varying in dif-
ferent circumstances, which would lead to mistakes;
they should be supported by evidence, and not open
to doubt, and as little as possible exposed to falsifica-
tion. For these reasons, it has been thought ne-
cessary in most countries to require the title of land
to be. proved by written documents, and thereby
prevent, attempts to enforce pretended claims by
parol testimony or circumstantial evidence. A regis-
tered title possesses the advantage of certainty and
security in a high degree, but they will be impaired,
iP prefirence be given to an imregisted over a regis-
tered deed, on the ground of notice. The fact of
notice, will in every case be possible, and in many
probable; •there will be a temptation therefore to
the unregistered claimant to commence a suit, in the
hope that the other claimant may confess notice, or
circumstances from which it may be implied ; and
there mity`alio be a temptation to support the suit
so commenced by false evidence.
The miachiefs of letting in constructive notice
have been so strongly felt, that some Equity Judges
have held it exclusive under the present Registry
Acts; but no provision which can be made for
denying effect to constructive notice will be effectual,
because the distinction between actual and con-
etructive notice cannot be, defined, and must there-
fore often fail to be justly drawn either by a Court or
a Jury; and cases of individual hardship might lead
to a course of decision which would encroach on
the spirit of the Act, and impair its benefits. Among
other cases, a great difficulty would arise as to notice
to the agent. Frequently the principal, being out of
the way, could receive notice only through his agent,
and under some circumstances such notice ought to
bind him in the fullest manner, Under other cir-
cumstances there would be great injustice in affect-
ing the principal with notice given to the agent.
There would perhaps be much liability to mistake
on the part of Courts and Juries in individual cases
under this head. Between actual notice and the
highest degree of constructive notice, there is no
substantial difference; indeed the latter, as resting
°finer on written evidence, is frequently more clear
and satisfactory ; and the defence to moral feeling,
which affords perhaps the strongest reason for giving
effect to actual notice, would be violated in no less
degree by denying the same effect to a strong and
clear cue of constructive notice. The line between
such cases, and cases more slight and doubtful, can
• be drawn with no certainty ; what should excite
suspicion in the reasonable mind, may be thought
• equivalent to inforination ; no one can predict how
for the Want ofinquiry into circumstances, which in-
quiry would have kid to actual notice, may be held
'fraudulent, or how far a presumption of witted notice
may he inferred either by a Judge or is Jury from
the knowledge of circumstances.
The doctrine of notice, which frequently depends
upon presumption, arising from evidence liable to
' suspicion, leaves a wide opening for conjecture, and
may be a most fruitful source of litigation. Although
the eases of notice which have arisen under the Local
Register Acts in this country have not been nume-
rous, questions respecting. the same doctrine have
frequently been discussed in the different Courts hi
' America.