The Sun.
London, England, 1851-03-18 00:00:00

'ales had the system ever worked prejudicially for any class.
The Noble and Learned Lord, after replying to one or two
Cher objections against the Bill, concluded by observing that
iaere was no difficulty about then uestion before their Lord-
ships. There was no mystery at it, for any Noble Lord
who chose to give his mind to the subject was just as capa-
ble of forming an opinion regarding it as those who had
hitherto devoted the greatest time and attention to the
matter.—(Hear, hear.) He then moved the second reading
of the Bill.
Lord BROUGHAM said his Noble and Learned Friend
was entitled to the thanks of the public for the pains he had
taken during so many years to obtain for this country the
inestimable benefit of a general registration. There could
be no doubt of the value of the principle of a general
registration of property ; but much, as his Noble and Learned
Friend must be aware, depended upon the details of the
measure, and a person might conscientiously approve of the
general principle, and yet argue that the proposed plan
would not work. Indeed, everything depended upon the
details. He had no doubt his Noble and Learned Friend
would have no objection to afford ample time for the full
censideration of his plan ; and there was one very obvious
addition which it struck him might be made. There was
no doubt that a registry-house, under a proper system, and
under the management of proper persons, would be must
valuable, and it might be made the depository for safe cus-
tody of other instruments besides those immediately con-
nected with land. It would be very desirable that wills
should be so deposited even during the lifetime of the party
making them. He knew one case in which the will cf a party
was not discovered for many, many weeks after his death, and
it was generally supposed the party had died intestate.
Ultimately the will was found in an old chest in an odt-
house. There was another case in which the party, having
made his will, placed it under his pillow. It fell down be-
hind the bed, and the housekeeper picked it up, . and sup-
posing the paper to be of no importance, thrust it into the
grate. Now, let their Lordships observe on how slight an
accident its preservation depended. Had it been winter the
will would have been inevitably consumed ; but it was sum-
mer, and after a search was made the will was found stuck
between the bars of the grate. It was brought before him-
self and the other law Lords, and proved ; and but for that
the property, which amounted to a sum of not less than
160,0001., would have been disposed of in a totally different
way to that which the testator wished. He hoped the pre-
sent was only the first step in the improvement of the law
relating to real property, and that it would be carried for-
ward vigorously and determinedly, but, at the same time,
prudently, and by that means confer a real benefit upon the
country_ He would impress upon all improvers the necessity
of steering clear of two extremes—those who desired to see
no change in the law, and those whom no ehange or im-
provement would satisfy.
Lord BEAUMONT, as feeling a deep interest in the
question, and as being the only member of the Committee
which investigated the subject present, asked permission of
their Lordships to address a few observations to the House.
He was surprised that the system of registration had not
been adopted at an earlier period. True, there had been a
system of registration in operation in other countries for a
very long period ; but it was not suited to a country like
this. The law of real property was in England so different,
so complicated, and so extensive, that the system in opera-
tion in other countries could not be applied to it ; but the
more complicated and difficult the law with regard to real
property was, the more important it was that a judicous
system of registration should be adopted. One of
its advantages would be, that it would insure per-
feet security to those who purchased or lent money
upon landed property. It should be remembered that
the trust-deeds appertaining to property were fre-
quently secured in different parts of the country, and an
immense time was occasionally lost in collecting and then
investigating many deeds, which afterwards turned out not
to be essential the expense and delay thus entailed were
very great, and many persons were thereby deterred from
dealing with land who otherwise might be induced to do so.
Runways had now provided rapid means of communication
with the capital, which would facilitate the means of enter-
ing caveats. It had been stated that the effect of the pro-
posed system would be to deprive country practitioners of a
great portion of the business connected with the sale of
prepertya bat hie•communications with those who were con-
versant with the' subject had convinced -him that the con-
trary-would be the result. 'Every, persbri- acquainted with
the mode of transferring property 'in Yerkshire must be
aware of.thedncouvenzienee of depending upon a memorial
instead of having- access to, the terms of the instrument
itself. A memorial in the first place require i great skill in
its preparation, and was very often so drawn as to conceal
the purport of the deed. All that could be learned from
it, therefore, was, that a certain deed was in
existence, and beyond this you were no wiser
than before. Nor was it possible to ascertain
where the deed itself was deposited from the memorial, which
moreover in no way dispensed with the necessity of an
attested copy, while under the provisions of the Bill attested
copies
would be dispensed with. Another great advantage
resulting from it would be the shortening conveyances by
references to the register. Nothing could be more absurd
than the objection to the measure on the ground of the
publicity which it would give to transactions with property.
Even if the allegation were true, he could not see the dis-
advantages which would ,result from it; but he denied that
any greater publicity would necessarily ensue than existed
under the present system. There was another point of great
importance to which he was surprised his Noble and Learned
Friend had not alluded, and that was the cancellation of in-
struments. It was most desirable that when the objects for
which deeds were drawn were satisfied, so that the deeds
were no longer of any use, the instruments themselves
should be cancelled, so as not to encumber and embarrass
future transactions. He contemplated great advantages
from the institution of the deposit department, which would
still further tend to render unnecessary covenants to produce.
Another point on which his Noble and Learned Friend had
not dwelt, was the system of caveats, which would have the
effect of dispensing with contracts for sale, afford all the ad-
vantages of equitable mortgages, and do away with all the
difficulties now created by the doctrine of notice. Of course
there must be some limit to the caveat in point of time.
Another suggestion made by the Commissioners, in order
to prevent the register from being overloaded, was that unre-
gistered deeds might be binding between the parties, but
still not valid against a purchaser. The great object ought
to be to give perfect security to the purchaser, and, this
point being attained, parties might choose whether they
would register or not. Another most important point, and
sale of great difficulty, was as to the effect of wills as
against registered deeds ; but he believed the Commissioners
had got over the difficulty by proposing that if a will
eimuld be kept back, and not registered within two years,
a conveyance from the heir. at-law should stand good and
the purchaser be rendered secure. A testator might
also deposit his will during his lifetime, which would get
rid of die difficulty. All, however, would depend upon the
index, for without a good index the register would become
a nuisance and a source of danger. The Commissioners had
cone to the conclusion that Mr. Duval's system was not
satisfactory, and were of opinion that a map index would
alone afford adequate security. The plan proposed would
increase the value of land, which had been greatly depre-
ciated by the present system. Nothing could be more in-
correct than the idea that registration would be beneficial
only to the owners of large estates; on the c ,ntrary, its ad
vantages would be chiefly felt by the smaller proprietors,
who, under the existing state of things, frequently found it
impossible to sell their property. So strong was the feeling
on the subject, that within the last year or two strong repre-
sentations had been made to him by copyholders in manors
where the fines were actually heavy, urging him by no means
to vote for any Bill for the enfranchisement of copyholds,
unless a system of registration were adopted. There were
many other points to which he should have been de-
sirous of addressing himself if time had permitted,
hut he could not sit down without calling their
Lordships' attention to one circumstance of great importance
—namely, the elect of the bankrupt laws on the system of
registration. It was a question with the Commissioners,
whether an adjudication in bankruptcy caused by an act
which preceded the dealing with the land, should affect a
purchaser. That, no doubt, was a difficult question, but still
one which, in his opinion, was completely met by the Bill.
The purchaser who bona fide thought he was buying a good
property, and had paid for it, ought to hold it against all the
world, and ought not to be affected by any subsequent adju-
dication in bankrupty. Therefore, let creditors have the
power by means of a caveat of entering a kind of notice with
regard to their interests. At present it was well known that
great hesitation was always felt in buying estates from per-
sons engaged in trade, who were thus made the victims of
palpable injustice. The great. object was to protect the
bona fide purchaser, and on this ground he would support
the. Bill.
Lord GRAN WORTH would not detain their Lordships by
any lengthened observations, after the :all discussion which
the subject had already undergone. It might not, however,
be altogether useless to point out, in a word, to such of their
Lordships who were not of the legal profession, that for the
future, if the system of registration should become law, the
proposition to be established on any sale or mortgage would
be positive and not negative. Now, any person selling or
mortgaging land had to prove what, in truth, was an impos-
sibility, the negative—namely, that there were no deeds
affecting the title; but when every deed was upon the re-
gistry the obligation would lie on the other side to show that
such deeds were in existence. That was a very simple
mode of putting the case, and one which all their Lordships
who were owners of land should bear in mind.
Lord CAMPBELL expressed himself highly pleased at
the very pithy description of the effect of the Bill laid down
by his Noble and Learned Friend. As the principle of the
Bill had been assented to, all that remained to be considered
were the details. These were still sub judice, and open to
consideration on all sides. After the few remarks made by
his Noble and Learned Friend, lie should feel thatwould
be best discharging his duty by proposing that the Bill be
referred to a Select Committee.
The Bill was then read a second time, and afterwards re-
ferred to a Select Committee.
Their Lordships adjourned at a Quarter to Eight o'clock.

T..„11E limn houGasTroN.—Close upon 10,000
so,. `'ne ',try poorest and most destitute class of the Irish
PeasaatrYliave arrived in London within the last fortnight,
from Cork and the ports tributary thereto. It appears that
they are carried from Cork—an extreme port from London,
,it least three days
journey—at a shilling a head. Each
pauper, if. we may use the term, receives half-a-crown for
teaving his native mil, the miserable fare being also paid by
the givers of then in question, who are agents in the
hands of the landlords, whose landable,object no doubt is to
lower his poor-rates at the
expense of the Londoners. This
trick was most extensively
tarried out during the year of
famine, but Liverpool was
then the port made for. The
unfortunate p itelx,rte into England at a
shilling ahead,-as
thing or the affair. It is not
I)
thema" d Liverpool had to pay
buk; ao that the steam-
half-a-crownahaeenriadgdetrhtoe
sendratree
prettynative Irish will form 4 •
packet company made a
airing the
,
at all unlikely that the
Grand Exhibition, no inconsiderable item
observe thunder the head of
strangers. It is heartrending
to etreatment'wh. h
on board the %tux • le
t hese wretched creatures receive
it can form but a per
-vessels.
Those who have not observed r idea of
the reality.
PENTISTS._The public and
THE GOLD USED BY
themedical profession generally are verytio
not aware of aintroduction
I
fruitful source of disease v hich arises from the introduc
into the mouths of many thousand persons of metallic plates
and other apparatus for the securing artificial teeth. These
n point ef
plates, &c., are nominally constructed of gold, but i
no gold used
tact, in innumerable instances, there is little or
in the construction of them ; silver gilt, or some still baser
of
metal, is employed, which being acted upon by the acids
the stomach, produces a poison which insidiously undermines
the health, causing cancer, and other diseases. The false
delicacy of the sufferer, and his ignorance of what causes
ilis complaint, prevent him from receiving such advice as
cA,AValmuld meet his case. This imposition on the public admits
4gWr ": -8( a most simple remedy ; it is merely compelling all per-
---- -- ‘-=l:''''':,'" fie who are employed in the trade or profession of making
- '-'" ' : .furl ,elates, springs, ,
Bi.c. to have them stamped at the Gold-
„ arnOs'-hall, and a standard enforced which would guarantee
- " " ' the-security of those by whom they were required.
1-74-;"- .-eIiNG_LE TEPTANTILT.—TERANT FARMERS WITH
WPM WANTED.--It is a curious fact that, of all Lord
I\C. Dinorben's tenantry in the counties f Anglesey and Ca 0 -
\..4.-:: ' --- narvon, there is not a married pair ; all are single, either old
N. a maids, bachelors, widowSt or widowers, together with a
bachelor agent to manage the whole. Malthusianism, in-
deed, is here realised.—North Wales Chronicle.