The Sun.
London, England, 1862-02-18 00:00:00

to all intents and purposes give the same lien on the estate
as if the whole title deeds of the estate had been deposited.
If this measure be adopted there will not, therefore, be the
smallest difficulty or impediment in the way of such
transactions. All that will be done will be tr., supersede
and dispense with the mass of useless-, cumbrous, and
obscure parchment deeds, and to provide a substitute of
the most simple, the most certain, and the most easily
accessible character. The whole machinery will be
ranged, and every means tried so as, I believe, to leave no
room or opening for fraud. The only possibility of danger
that I can foresee may possibly be this,:that in the first
investigation of title there may, perchance, be some latent
right that may not be discovered till after the estate has
been absolutely disposed of, Ido not propose that a Par-
liamentary title should be given till the estate has been
sold or mortgaged for valuable consideration. The object
being to give greater facility of dealing with the estate, it
would be unjust to give perfect immunity until the owner
has made the registry the means of selling or disposing of his
property. The moment he has sold it to a purchaser for
valuable consideration the statutory title will arise. During
the last quarter of a century I may say that millions of pur-
chases of land have been made for railway purposes. The
railway companies are subject to the obligation I have men-
tioned, and if any dormant interest arises with respect to
the land taken by them, which had not been ascertained and
provided for at the time of the purchase, they are made liable
to pay for it. Yet, so few are the instances of that kind which
have occurred that I hardly venture to mention the number
lest it should seem too inconsiderable to be cred,ted. I be-
lieve that not more than a dozen discoveries of latent inte

rests have been made during the last 25 years, It is not
probable, therefore, that we shall have much difficnlty in
this reseect. With regard to registration, 1 propose, of
course, that it should be voluntary, but calker an estate has
once been put upon the register it must remain there until,
by the application of all the persons interested in it, it is
desired to be taken off. At any time it may thus be removed
from the register. The great benefit attending the proposed
registration without a guarantee of title would be that an
accurate record would be kept of all the future dealings with
the land, and after the lapse of a certain number of years,
which may be defined by the judge or the registrar when
the title is put upon the register, the non-guaranteed title
would pass into the category of statutory titles. There are
many other provisions in the bill which I should have liked
to describe to your lordships ; but I am afraid I have already
trespassed too long upon your attention, and therefore I
shall only add that, in addition to the ordinary mode of re-
gistration, there are two other methods provided by the bill.
One is the registration of an estate under a decree of the
Court of Chancery, and the other is a power given to that
Court of selling an estate with a Parliamentary title.
Either of them may be advantageously resorted to in cases
where the parties may not be desirous of subjecting their
titles to the examination which must take place in the
ease of a private registration. I propose to extend regis-
tration to freehold land and also to leasehold estates ; but to
copyhold land I do not propose to extend it. One peculi-
arity of the bill is that it will be worked through the exist-
ing courts. In that respect it differs from the measure
brought forward some time ago by Sir Hugh Cairns. I am
'afraid if I were to adopt his proposal, there would always
be conflicts of jurisd.lction, and it is better therefore as well
as easier to work the measure by the judicial aid we already
possess. The, bill, of course, will come gradually into opera-
tion, and if it should be accepted generally it may be neces-
sary to [have other registries in aid of the metropolitan
registry. Allow me, in conclusion, to entreat your lord-
Ships to give this measure your most favourable considera-
tion, remembering always that no reform or amendment of
the law was ever perfect at first. All such measures have
their origin in borne crude designs, which are matured and
completed by experience. The present bill is directed to an
end which it has been the desire of almost all who have con-
sidered 'the subject for the last 200 years to see accomplished.
I hope, therefore, that your lordships will address yourselves
to the work, not frightened by any superstitious terror with
respect to the alterations which you may be called upon to
make, but with the eetviction that there is a great existing
evil which has grown up from accidental circumstances and
from neglect, and which may be removed if there be a union
of fairness and firmness, of skill and courage, such as I
think anill be found among your lordships,. with an earnest
deei*ee to grapple with the difficulty and devise a remedy.
Lord ST. LEONARDS was sure their lordships were
thankful to his noble and learned friend for his singularly
Cole and lucid description of a very important bill. (Hear.)
It had been his duty for 30 years to oppose all the measures
brought forward for the registration of assurances, and,
although he had frequently found himself in opposition to
the general sense of both Houses of Parliament, at the pre-
sent moment there was a universal concurrence of opinion
that nothing could be more mischievous than a general
registration of assurances. He never had any objec-
tion to a registration as such. Hisobjectionwas that it would
do more harm than good, for, while the expense would be
enormous the benefits would be very doubtful. If the object
which his noble and learned friend had in view, viz., a re-
gistration of titles, although he was afraid it would degene-
rate, unless great care were taken, into a registration of as-.
surances—could be accomplished, nobody would more
readily support it than himself. Anything which gave se-
curity to purchasers must be beneficial, and during the
greater part of his life he had laboured to effect that object.
(Hear.) His noble and learned friend had told them that a
period of 60 years must be gone over before a man could
make a title. That term was originally taken, no doubt,
with a view to the probable duration of life. Did their lord-
ships recollect what happened not more than two years ago?
In the session of 1860 he brought forward a well •matured
scheme for reducing the term from 60 to 40 years, and 50
reducing the liability of sellers ; but, unfortunately, both
aides of the house were decidedly against him, and the law
remained unaltered, to the great cost of the landed interest.
Their lordships in a previous session sent down to the other
house a bill for the registration of assurances. It was not
sanctioned ; but a commission was issued to inquire into
the registration of titles. The scheme of the commissioners
was that there should lee one representative of the fee, that
no equitable interest should appear on the register, that
one nominee should represent the entire property, so that
the estates of any one of these lordships might stand in
the name of John Doe or Richard Roe, and the real
owner appear to be wholly divested of his interest. The
scheme which his friend Sir Hugh Cairns proposed in the
other house would have established a new court, and the
new court would have become a landed estate court. The
title was there intended to be confined to a sole owner, but
the owner was to be capable of making equitable charges,
which were to be kept in a distinct manner. He preferred
the scheme of the noble and learned lord on the woolsack
to either of the two he had mentioned. Their lordships
would bear in mind that this bill was quite permissive. It
anyone, for the facility of conveying his property by a short
process, chose to register it, ho would be able to deal with
his estates just the same as at present. The law relating to
devises and descents would not be altered, and the owner's
powers of disposition would not be taken away or limited.
Even if a man who, for the sake of obtaining an indefeasi-
ble title, transmissible to purchasers through all genera.
lions, had registered, chose to have recourse again to the
ordinary deeds of conveyance, he might direct the registrar
to strike the entries out of the register and withdraw his
pcmerly from it. There were certain payments to helped°
for registration; but it was proposed that if any one regis-
tered an indefeasible title so as to exclude rightful claim-
ants, the rightful claimants should be indemnified out of
the Consolidated Fund. The State was to become an in-
surance office, and the losses were to be borne by the Con-
solidated Fund. If bra noble and learned friend obtained
the assent of the Chancellor of the Exchequer to that pro-
position, it would show that he possessed more influence
over his colleague than he was disposed to give him credit
for. He was inclined to think that if the title was good, it
could be insured without resorting to the guarantee of the
Sate. The scheme, in other r expects, was of this nature.
It was intended for two classes of owners, The first class
cons'sted of those mho had such a title as a Court of Chan-
cery would compel a purchaser to accept, and the second of
those who had not such a title. But if a man had a perfect
title, why should he go to the Court at all ? If any man
wished to have a title under this bill his first step would be
to go to his counsel, who after the usual examination would
tell hint whether or not he had such a title as the Court of
Chancery would compel a man to accept. If ho went to the
Courtto be registered and the registrar rejected his application
110 would be damaging his own title. Everybody would know
that his title was one which the registrar would not accept.
134 t, Supposing his title was really a good one, the registrar
would not accept it without examination. It would be
im-
possible
until hel7 man with the best title to get on the register
ever sale
M proved that he would have to prove now on
y . •
trouble and e Point of fact he would not save any of the
%pease which be would have now to incur.
The same invesistitgeation was to take was on the reg place after the property
to be a new examinaetv:ery time there was a sale. There was
But men did not wan'torttoat every change of proprietorship.
20 years or so. It mightbbeeineuit in g into their titles every
assumed that on every change
f ownership there would be
Surance. The State would thaennetw Payment and a new in-
immense amount. The principle meiZhnitebea nooidng rtehteosaawn
great difficulty in working it. The other cases wi-la'o would
be entitled to make use of this bill we,,
only required to
have a 10 yars' title to prove immediate descent and to
pro-
Putduce the last des d. They were to be on the register
unguaranteed. The noble lord was understood to approve
the measure being permissive rather titan compulsory, CRAN WORTH thought the state of the honsenot
very ereouragit g for the discussion of a meuuraetttioetflr:ho
tion of the measure, though
kind. With the first part of the nole and learned
bill, which related to
butwith wg
a regh ard Parliamentarytothe e
was disposed to concur;hru
r,•11 the noble and learned lord had
made his statement in a singularly clear and lucid manner
yet, notwithstanding, he was unable then to enter into any
discussion of the bill, because he could not comprehend it.
He was convinced that if rything could have made the
subject clear the noble and learned lord's statement would
have done it, but to discuss the bill they must have the
details before them. He hod himself proposed a measure
that had the first object in view, that of procuring a Parlia-
mentary title, just before he quitted the Great Seal. He had
often had the question before him, and he had employed
the leisure of the recess in preparing two measures in refe-
rence to it, which he would ask lea-..e to lay on the table.
P,y tlaweowsent of the WA. and learned lord he ihould have

....—....w.;.-ki..,„,'
an opportunity of explaining the prot;ong of these bills
before the second reading t‘4 of h
, 0 present measure.
Lord CUELAISFORD thought the state of the house
was accounted for by the fact of those noble lords who had
an interest in the bill having been satisfied with the noble
and learned lord's statement, and knowing th .t the proper
time for discussing its principles and details had-not arrived.
He was not opposed to any measure for the simplification
and registration of titles, as contradistinguished from the
registration of assurantes. From what the noble and learned
lord had stated, he understood it to be his intention to refer
his bill to a Select Committee. On a question so difficult
and important it was desirable that every plan should be
laid before that committee, that it might adopt either one
of them, or a union of several that might produce a satisfac-
tory measure. With that intention he proposed also to lay
on the table the two bills introduced by the Government of
which he was a metnber. These, with the two bills of the
noble and learned lord opposite, and the measure of the
noble lord on the woolsack, might all be considered by the
committee. He was most anxious that some satisfactory
measure should be adopted.
The LORD CHANCELLOR, in reply, thanked their
lordships for the reception which had been given to his
statement, and said he was glad that his noble and
learned friends intended to lay their various bills upon the
table. With regard to the bill of his noble and learned
' friend (Lord Chelmsfcrl), there was very little antagonism
between that bill and his own, both being derived from one
common source—namely, the report of the Commission. ,
The several bills were then read a first time, and the
seend reading was fixed for this day fortnight.
On the motion of the Earl of LEITRIM, certain returns
were agreed to respecting an alleged disturbance in the
county of Leitrim.
Their lordships then adjourned.

HOUSE OF COMMONS—YESTERDAY.
The SPEAKER took the chair at four o'clock,
NEW MEMBER.

Mr. CHAPMAN took the oaths and his seat as member
for Great Grimsby.
PRIVATE BUSINESS

The following private bills were read a second time :
Abbey Ilolme, Leegate, and Bolton Railways—Alford
Valley Railway—Andover and Great Western Railway—
Andover and Redbridge Railway—Andover Redbridge,
and Southampton Railway—Aihbourne and '
Belper Road
—Bala and Dolgelly Railway—Bala Railway—Banatead
and Epsom Downs Railway—Barnsley Local Board of
Health—Berwickshire Railway—Berwick upon Tweed
Harbour—Birkenhead Docks and West Cheshire Junction
Railway—Birkenhead, Flintshire, and Holyhead Railway
—Birkenhead Railway— Bishops Waltham, Batley, and.
Bursledon Railway (No. l)—Bollington (Prestbury) Im-
provement and Lighting—Bolton and Blackburn Road—
Bradford Corporation Water—Bradford, Wakefield, and_
Leeds Railway (Deviation, &c.)—Bridge of Weir Rail-
way—Bridport (Second District) —Brighton Abattoir—
Bristol and Clifton Railway—Bristol and South-Western
Junction Railways—Bristol Port Railway and Pier—
Briton Ferry Dockland Railway—Caledonianßailway (De-
viations &c.)—Caledonian Railway (Leith Branches)—Can-
nock Chase Railway (Extension)—Carlisle and Sillothßay
Railway and Dock—Cheadle Roads —Cleveland Railway—
Corwen, Bala, and Portmadoc Railway—Coventry Poor
Act Amendment—Cromford and High Peak Railway
(Lease, &c.)—Crystal Palace and South London Junction
Railway—Dare Valley Railway—Dartmounth and Tor-
bay Railway—Daventry Railway—Deeside Railway—
Denbigh, Ruthin, and Corwen Railway—Dollow and
Kilmore Commons Incloaure—Dundee and Perth and
Aberdeen Railway Junction, and Dundee and Newtyle
Railway—Eastern Counties Railway and other Companies
Amalgamation—Eastern Counties Railway (Colchester
Branch)—Eastern Counties Railway (New Lines in Mid-
dlesex)—Eastern Union Railway—East Gloucester-
shire Railway—East Grinstead, Groombridge, and
Tunbridge Wells Railway Eden Valley Rail-
way—Edgware, Highgate, and London Railway—Edin-
burgh and Glasgow Railway—Edinburgh, Perth, and
Dundee and Fife and Kinross Railway Companies—
Faringdon Railway—Folkestone to Barham Downs Road
Frosterly and Stanhope Railway —Furness and
Coniston Railway Furness Railway— Garston and
Liverpool Railway—Glasgow Barony Parochial Board—
Glasgow Police—Great Northern Railway (No. I)—Great
Northern Railway (No. 2)—Great North of Scotland Rail-
way—Great Western and Andover and Redbridge Railway
Companies—Great Western, Hereford, Ross and Glouces-
ter, and Ely Valley Railways—Great Western Railway
(Additional Powers)—Greenock and Wemyss Bay Rail-
way—Halifax Corporation—Heckmondwick Gas—Here-
ford, Hay, and Brecon Railway (Deviations)—Horsham,
Dorking, and Leatherhead Railway—Keighley and Worth
Valley Railway—Kent Coast Railway—Kant County Gaol
and Lunatic Asylum (Water Supply)—Kington and Ear-
disley Railway—Lancashire and Yorkshire Railway (Ad-
ditional Powers)—Lancashire and Yorkshire Railway
(Doncaster, Goole, and Hull Junction Lines—Lead-
burn, Linton, and Dolphinton Railway Leeds
and Bilston. Road —Leeds, Bradford, and Halifax
Junction Railway—Limerick Markets—Llanelly Railway
and Dock—Llanidloes and Newton, Mid Wales, and Man-
chester and Milford Railways—London and Blackwall
Railway—London and North-Western Railway (Addi-
tional Powers)—London and South-Western and And-
over and Redbridge Railways—London and South-
Western Railway (Additional Powers) London,
Brighton, and South Coast Railway (Enlargement
of Stations, &c.)—London, Chatham, and Dover Railway
and Mid Kent Railway (Bromley to St. Mary's Cray)
Companies—London, Chatham, and Dover Railway (Ex-
tension to Walmer and Deal)—London, Chatham, and
Dover Railway (Junction Railway at Battersea, &c.)—
Londan Railway Depot and Storehouses—London,
Tilbury, and Southend Railway Manchester,
Sheffield, and Lincolnshire Railway (Additional
Powers)—Market Drayton and Newport Junction Rail-
way—Metropolitan and Thames Valley Railway—
Metropolitan (Dublin) Cattle Market—Metropolitan Meat
and Poultry Market (Western Approach)—Metropolitan
Railway—Mid Kent and Addiscombe Railway—Mid Kent
Railway—Midland Railway (Additional Powers)—Mid-
land Railway (Rowsley and Buxton Extension)—Mid
Wales Railway (Deviations, &c.)—Mold and Wrexham
Railway—Much Wenlock and Severn Junction Railway
—Nene Valley Drainage and Navigation Improvement—
New Chappel, Lindfield, and Brighton, &C., Roads—New-
port and Hyde Direct Railway—Newtown and Machynl-
leth Railway—North British and Glasgow and South-
Western and other Companies—North British Railway
and Carlisle and Silloth Bay Railway and Dock Companies
—North British Railway and Port Carlisle Dock and Rail-
way Companies—North British Railway,Edinburgh,Perth,
and Dundee Railway, and West of Fife Railway and
Harbour Companies—North British Railway (Monk-
tonhall and Ormiston and Dalkeith Branches)—
North Devon and Okehampton Railway—North-Eastern
aad Hull and B olderness Railway Companies Amalgama-
tion—North-Eastern and Newcastle-upon.-Tyne and Car-
lisle Railway Companies Amalgamation—North-Eastern
Railway (Blaydon to Conside)—North-Eastern Railway
(Hull and Doncaster Branch)—North-Eastern Rail-
way Market Weighton and Beverley Extension, &c.)—
North-Eastern Railway (Team Valley Extension)—Nor-
wich and Spalding Railway—Oldham, Ashton-under-Lyne
and Guide Bridge Junction Railway—Oswestry and New-
town, Llanidloes and Newtown, and Shrewsbury and
Welchpool Railway Companies Amalgamation, &c.—
Queenstown Improvement—Radstock and Keynshain
Railway Ramsgate, Sandwich, Deal, and Dover
Railway Rathgar and Sallymount Improvement
-- Red House and Weeland Roads Rick-
mansworth, Amersham, and Chesham Railway
Rotherham and Wortley Road—S4ltord Improvement—
Scottish North Eastern Railway—Sevenoaks Railway--
Severn and Wye Railway and Canal—Shrewsbury and
nereford Railway—Shrewsbury and Welchpool Railway
—Somerset Central and Dorset Central Railway Companies
77SeSustohulie:iceaosistkteesrhrnbihRreiraReilwalwy Railway
Railway—Southu(snhberfrii degieaaannrsddiDosthrotonfroncred7_LpionsrepastalFdn.
ing and Bourn Railway—Stamford and Essendine Rail-
way—Stockton and Darlington Railway (Towlaw and
Crook)—Stockton and Darlington, South Durham and
Lancashire Union, &c. Railway Companies—Swansea
Harbour Trust—Tewksbury and Malvern Railway—
Tottenham and Hampstead Junction Railway—Tranmere

Local Board—Tupton'and Ashover and Birkiii Lane Roads
—Uxbridge aid Rickmansworth Railway—Vale of Clwyd
Railway—Vale of Ncath and Swansea and Neath Rail-
way Companies—Wareham Roads—Wellington and
Cheshire Junction Railwyay—Wem and Bronygarth
Roads West Cheshire Railway 'West Hartle
pool Harbour and Railway (Dock Extension)—
West Midland and :Severn Valley Railways—West Mid-
land Railway (Additional Works)—West Shropshire Mi-
neral Railway—Weymouth and Portland Railway and
Extension to Harbour—Whitchurch, Wrexham, Mold,
and Connah's Quay Junction Railway—Winchester
Road—Wycombe Railway.