The Sun.
London, England, 1830-09-15 00:00:00

PARLIAMENTARY PAPER.

LAW OF REAL PROPERTY.—No, X.
SECOND REPORT OF THE COMMISSIONERS.
(Continued from our Paper of yesterday.)

_ .
'We think it will be found that the plan of which
we have given an outline, makes sufficient provision
for enabling purchasers to ascertain, in every case,
that no document is withheld which can affLet the
tit le produced.
Thus the primary object of registration will be
effected, and a consequence will follow which must,
we think, be considered one of the most important
of the advantages to be expected from the establish-
ment of a General Registry. We have explained,
in another place, the nature of the protection which
the artificial distinction in the English law between
legal and equitable estates enables purchasers, in
some cases, to obtain against concealed interests in
land, and which has been allowed by Courts of
Equity on no better ground than that the inter—
ference of their jurisdiction is not called for where
the moral claims of the parties are the same. It ap-
pears to us to be irreconcileable with principle, that
in a conflict where both the parties may be equally
innocent, and :nay haye used aqual caution, the
party whose assurance is latest in date should be
permitted to avail himself of a merely technical ad-
vantage; but assuming this to be defensible under
the existing system, it is perfectly clear, that no
such protection should be allowed when the law
shall have provided purchasers with the means ef
ascertaining the existence of prior rights; and the
preitiCal benefits which ivill restitt from disencum-
bering titles front the burthensome machinery thus
laid aside, can scarcely be too highly appreciated.
Protection against the suppression of documen-
tary evidence, is all that is professed to be effected
by the existing Registers in England and Ireland.
It will appear, we think, that by a Register framed
upon the plan we have developed, this object would
be attained with much less difficulty and risk of
failure ; and there are collateral advantages belong-
ing to the proposed Register which the existing
Registers do not possess.
The system of order and arrangement to which
attention will be directed by the provisions of the
Register, will tend generally to the improvement of
titles; and in particular, where there have been ge-
neral or imperfect descriptions, or where the cu.-
cumstences of the property have occasioned altera-
tion in the description, the evidence as to identity
will be materially assisted by the presumption which
the classification of a deed costaining a description
of particular lands under the seine howl as a prior
deed containing is general description or n particular
description in different terms, will afford, upon it
subsequent investigation, that an actual connection,
as to title, was considered to exist. Questions as
to the identity of property very frequently arise
upon the investigation of titles, mind often occasion
serious difficulties; and we may here take occasion
to observe, that it will become a subject for our de-
liberation whether provision can be made for afford-
ing more satisfactory evidence as to the particular
lands affected by written instruments titan the de-
scriptions now in use. We do not consider this
subject to be necessarily connected with registra-
tion :It belongs rather to title generally ; but pro-
bably the Register may be made subservient to
what we may have to propose for facilitating the
proof of identity.

Another important advantage of the plan will be
the facility with which the necessary information
will be obtained by persons at a distance from. the
Register Office. An office copy of the index at-
tached to a particular symbol, with a certificate of
the officer as to the result of such searches of the
index to the roots of titles, and of, the indexes to
wills anti to commissions of bankrupt, and convey-
awes to the assignees of insolvent debtors, as may
be called for by the circumstances, will ,generally
furnish all that will be required; and any repetition
of the searches upon a subsequent investigation of
title will be unnecessary.
It is a question of great importenee, whether it
will not be expedient to make the office or Govern-
ment responsible to the parties interested for, the
due discharge of the duties of the officers. Such a
proitiiion would remove the objection most likely to
be felt to a Aletropolitup Register, and would tend
materially to the perfection of the system. The actual
risk to be incurred by-affording this security to the
public would be extremely small, and would be. co-
vered 'bra very inconsiderable premium; and the
additional expense to the parties would be amply
compensated by saving in all cases the charges of
personal search or attendance by the solicitor or his
agent. We are sensible that the provision might be
attended with difficulties, but the advantages which
would result from it, as to facility and convenience
in the operation of the Register, are so great, that
we propose to give particular attention to this
question, if we should hereafter have occasion to
enter into the details of the proposed mea+iiia.
We have before noticed that the present plan is
peculiarly adapted for the commission of regulations
for preventing unnecessary disclosure. The mode in
which the indexes are (mined has the advantage of
not leading to, disclosure with respect to titles which
are not the subject of inquiry. In the, search of an,
index to registered deeds by the names of parties,
upon the investigation of a particular ti le, the dom..
ments relating to other titles are necessarily brought
into view; and' from the similarity of names, or
other circumstances, it often becomes necessary to
inspect deeds referred to by the indei, which relate(
to different lands. On' the other hand, upon 661

plan proposed, the index whieh the psrtt will have
occasion to examine wiltlie confined to the particular
lands, and to the other lands, if, any,-lieiti under the
same title; and in most cases of title toe. particular
interest in land, the search will lead to no other dis•
closure than with respect to such particular interest.
The difficulties which will be presented to tsparty
wholly unacquainted with the title, will have a ten-
deney to prevent recourse to the Register, without
Aotuv motive beyond curiosity.
It is alto to be observed, that the mere inspection
of the index wi l afford noinformation as to the actual
transactions relating to the estate.
The purpose of a repertory of document of title
is nut answered, in a perfect mallow., by any or the
existing Registers in this country. Wheeever the
ownership of lands is shown by a deed to which the
purchaser has access, a search may be made for con-
veyances or charges by the grantor and grantee' in
that deed. Whether in any particular case the
search can be continued downwsrde, so se to get
the whole of the subtegoent evidence of title, must
depend tirm what may be disclosed by the Mertio.
chili of the respective deed. to which a reference
has been obtained by the previous search; and el.
though there would always be the mastic of iscer.
reining the subsequently registered title, if registra-
tion at length, or a deposit of the deed Were snb,ti-
toted for the memorial required by the viistirtt re-
gisters; it is obvious that a Register, framed upon
the principle of indexes by the moues of parties,
could never be relied on for the discovery of the
title, anterior to the earliest deed to which the pig.
chaser may have access. On the other hand, under
the plat: we now propose, whenever a reference is
ohmic d to any one link in the chain of title-which
will appear in the index of the class, nor only will
references be afforded to the whole of the sutra.'
quent documentary evidence, but the prior title,
from the commencement of the Regliter,accorft
to the deduction merle from time to OW by the
parties successively interested; will alsti lie found;
and froth any point in thee. title so doducCd, at wili.titt •
the evidence of ownership may be considered
factory, the effect of the Register, in furnis.hink ice
ferenees to all the subsequent documentary' evidence
which can affect a purchaser, will be complete.
We have before adverted to the advantages Which
will be derived from the proposed Register U a
general depozitory of documents relating to title.'
These, however, are not peculiar to the plan now
under discussion, and would belong equally to illy
other system of registry where the deeds were toy
piked to be registered at length, or deposited.
In forming an estimate of the plan, it is necessary .
to consider whether the conditions to due registra-
tion are such as will involve any important risk of
failure.

We will examine, first, the case of error in any
of the entries required to be made in the indexes;
and secondly, the case of error as to the proper head
of title under which the entries are to be made.

If the document be actually registered, eve think
that effect should not be denied to the registrittion
in consequence of any clerical errors in the refe4
rences to the date of the document or to the book,
&c. in which it is to be found, unless they be of
such a nature that some other registered document
may be mistaken for the document intended to be
referred to. If the effect of the mistake be only
that of creating difficulty in the search for the doctt-
ment in the Register, or in identifyingany.document
which may be found on the Register as the docu-
ment intended to be referred to by the index, the
consequence in any dealing with the estate will be,
that the transactions will be impeded until the docu-
ment be found upon the Register, and satisfactorily
identified as that referred to. It is ocAreely posAble
that a case should happen in which some one of the
entries in the index would not lead to it satisfactory.
conclusion.

As the registered deeds will be indexed consecu-
tively, there are very few cases in which errors in
the ante of the registry will be material, it the order
in which the documents are entered in the class be
made conclusive. As between persons claiming
under documents registered in a classy and persons
claiming under documents regitteied in the iudexise
to wills and to commissions of bankrupt awl convey-
' mice* to the assignees of insolvent debtor!, Ind to
judgments and Crown debt., the actual dates of the
registry must decide the right,
Error in the column of references to the Wee:to
the roots of registered titles, or even the,omiseisso
of the entry in a case where it ought to hevivbssen:
made, should not affect the validity of the registra-
tion; this entry in the index of the class being only
for convenience and by way of check.in the oilier.
The facts of the title, as we have before observed,
will always sufficiently indicate the corms in which is
search of the index to the roots of title isnecessary.

In the case of .clerical error in. either of the
columns, " brought from" and " carried to," the
effect ►will be,- that the title will be imperfect until
the registered title, to which the reference was in-
tended, has been satisfactorily ascertained.
The effect of error in the column " specifications"
has already been sufficiently explained.
The registration will be in no wise affected by
error in the column of references to • the Directory ;
as these are intended only by way of check and for
convenience in the business of the office.
We have matte these observations in order to
show in how few cases any ill consequences wouhl
ensue from clerical errors; but we think that with
proper cheques in the office, the occurrence of such.
errors is not to be looked for.

The passibility of eleriesl errors must, however,
b, admitted; and provision should therefore be
made fur authorizing the correction Dithers.
Error, with respect to the head of title or symbol,
under id) the entries are made, will, of course,
affect the validity of registration; such a case must
arise either from clerical mistake in the symbol, or
(ruin mistake as to the actual title.

We think that clerical mistake in the symbol may
be effectually provided against by cheques in the
office. We propose that, after entering a registered
document in the index, the officer shall furnish the
person by whom the registration is made, with a
copy of the last entry under the symbol. This will
give the party interested (in Cities where he may not
personally or by his vent inspect the index at the
time of registration) the means of ascertaining that
the entry has been made in connection with the
prior title.
As a further cheek in the office, we propose that,
upon' entering the registered document in the Direr-
tory, the officer shall compare the partirldurK of
such entry with those of the last preceding entry
and as each of these will contain the parties to the
instrument, and some notice of the pareele, any diit.
crepancy (which in the ease of *aeriesl error in the
Ipnbol would almost always be total) will be imme-
diately apparent. In order to ensure complisrice
with this provision, the officer may lit to
make from each of there entries ie the Directory, a
reference to the other. The entries in the lest;
column of the table for the index under a eymbi 1
are intended as a cheek against the omission of tho
proper entry in the Directory, arid to serve as en
index on a subsequent registration to the last entry
in the Directory.
Other cheeks may suggest themselves Mien all
the details of the business of the 011ie* are arranged.
The case of mistake, as to the title of the grantor,
remains to be considered.