The Sun.
London, England, 1853-02-15 00:00:00

TRANSFER OF REAL PROPERTY.

Mr. H. DRUMMOND then rose, pursuant to notice,
to move for leave to bring in a bill to facilitate
the sale and purchase of land. At present, he said the
mode of transferring real property was not only absurd
but cumbersome and expensive. In dealing with this
question the house should look back to the origin of the
tenure of land. (Hear.) Formerly the possession of
land involved the rendering of military service
to the Crown, and no one could alienate his
land except with the consent of the Crown,
or to some person who was able to render the
same military service as the original possessor. As
time progressed, however, the possessors of land began
to borrow money upon the security of the laud, but as
it very often happened that the lender, not being in the
position which the Crown required, very often went in fear
of losing his money, as he could not take a transfer of the
land. But the lawyers stepped in to overcome thisdifficulty,
and they decided that though the lender could take the
land from the borrower, yet by law he could prevent his
having one blade of plass, or grain, or corn, and then
arose the custom of what was called taking the issue
crops. This system continued for a time, until the mode
of transfering property in executing mortgages sank
into its present defective state, and a few years ago, the
subject havinggattracted the attention of Parliament, in
accordance with a resolution of the House of Commons,
the Crown appointed a Commission to investigate
the whole matter. That Commission, as well as
the House of Lords, repeated that the best
mode of remedying the evils of existing sys-
tem, was Ito adopt a plan for the registration of
title deeds, and what he asked the house to allow him
to do was, to let him introduce a bill to form a registra-
tion of titles in accordance with the resolution of the House
of Lords. He believed no body but the lawyers were opposed
to the establishment of such a registry, and as it was
only a revival of the system which prevailed in many
counties centuries ago—while it had been all but ap-
proved of by both branches of the Legislature, he could
hardly suppose that there would be any real oppo-
sition to the bringing in of this bill. (Hear, hear.)
In consequence of Lord Campbell's Registration Bill
providing for the registration of all kinds of deeds and
instruments, no less than 14 indexes would have to be
prepared. He did not pretend to criticise provisions
drawn up by Lord Campbell, but he must be allowed to
say that lawyers were not always the best persons
to prepare the machinery for the working of an act.
Some of the ablest lawyers, Lord Eldon among the num-
ber, were very stubborn in maintaining what was on the
face of it absurd and nonsensical. It was much better
to put a small portion of machinery into motion at first,
and then to add to it or amend it as experience directed,
than to try to bring into operation cumbrous and exten-
sive provisions all at once. The hon. member then
briefly explained the nature of the existing law, and the
alterations he intended to make, and concluded by ask-
ing leave to bring in a bill.
Mr. HEADLAM cordially seconded the motion of
the hon. member, believing that the improvement of the
law concerning the sale and transfer of real estates was
a great national object. It was incorrect to suppose
that the registration of land would interfere with the
control of persons over their property—they would be
left precisely as they were, and would not be prevented
entailing or mortga2ing their estates. The main object
of the hon. member was to give a good and undoubted
title to property, the individual in whose name it was
registered having the sole right to dispose of it without
regard to any settlements or deeds that might be in
existence. He trusted that some measure based on the
bill of the hon. member would soon become the law
of the land.

Mr. HUME did not think a permissive bill would be
of such use as one affecting the whole property in the
country. Bills of a permissive nature seldom, in
his opinion, conferred any great amount of good. He
readily admitted that the hon. member's bill contained
some very excellent provisions. Of all the burdens upon
land, the greatest was the delay and expense of trans-
ferring land, and it was astonishing that such abuses
should have been allowed to exist in an intelligent
country like this. (Hear.)
The motion was then agreed to, and the bill was sub-
sequently brought in.
CLERGY RESERVE FUND IN CANADA.

Mr. F. PEEL moved for leave to bring in a bill to
empower the Legislature of Canada to exercise control
over the provisions at present regulating the arrange-
ment of the Clergy Reserve Fund in that provi▪
nce. The
clergy reserves, he said, constituted a fund of no incon-
siderable magnitude—they took their origin as
far back
as 1791, when the province Canada was divi▪ ded into
two parts, and when in place of the single Council
which had formerly legislated for the whole province,
there was substituted three representative legislatures—
one for each province. (Hear, hear.) By
the act known as " the Constitutional Act," which
made that alteration in the constitution of Canada,
it was provided that whenever any waste lands were dis-
posed of, one-seventh of their value should be reserved
for the benefit of the Protestant clergy in Canada. In
1840 an act was passed which put an end to any
further reservation of land for that purpose, but in the
course of the 50 years that the former act had been in
operation a great quantity of land had been reserved
and sold, and at the present time the clergy re-
serves consisted in part in land and in invest-
ments in this country and Canada. The revenue
derived from the fund were applied to the payment of
stipends to ministers of different denominations. The
fund, however, was not participated in by the va-
rious denominations in proportion to their relative
numbers or strength. The Churches of England and
Scotland derived by far the greater advantage. In Upper
Canada the majority of the people did not belong to the
Church of England, and the monopoly of that church
created much jealousy and agitation. (Hear, hear.)
(LEFT SPEAKING.)

THE LONDON GAZETTE.

(THIS EVENING.)

BANKRUPTS.

George Storey, draper, Whittlesea, Cambridgeshire, to
surrender, Feb. 24, at half-past twelve, and March 24, at
one, at the Court of Bankruptcy. Johnson, official
assignee, Basinghall-street ; Jones, Sise-lane.
Humphrey Grover, grocer, Ealing, Middlesex, Feb. 25,
at half-past eleven, and April 1, at twelve, at the Court of
Bankruptcy. Cannan, official assignee, Aldermanbury ;
Johnson, Gray's Inn-lane.

Jane tram; Spence, schoolmistress, Ladbrook-square,
Notting-hill, Feb. 25 and April 1, at half-past twelve, at
the Court of Bankruptcy. Whitmore, official assignee,
Basinghall-street ; Vaughan, Porteous-road, Paddington-
green.
Richard Stock Meeson, John Meeson, and Edward
Meeson, coal merchants, Stratford, Essex, Feb. 25, at one,
and April 1, at half past one, at the Court of Bankruptcy.
Cannan, official assignee, Ald.ermanbmy ; Hillcary, Fen-
church-street.