New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-27
LAND REGISTRAT TON IN ENGLAND.

Among other matters Of law-reform taken in hand in
England within a few years past has been that of a
registration OF landed titles There are many acts Of
Parliament providing for the registration Of certain
membranes on land. In the Counties OF York and
hiddesex local system Of registration exists similar
70 that IN use on this side Of the Atlantic Yet Black.
stones observation is no less true now than it was
when he made it, that since the disuse of the Saxon
method of giving corporea seizin Of lands and the
introduction OF death-bed devises and secret convey
apccs, there is in the methods Of transfer in in
Great Britain and Ireland-for in Scotland every act
and event regarding the transmission Of landed prop
ery is regularly entered on record-the papable defect
OF want OF noorety, that purchasers and creditors
cannot know with any absolute certainty mo matter
how carefully the subject may be investigated or at
what expensel what the estate and the title actually
are upon which they 10 lay out or lend their money
For this evil thus distinctly pointed out Blackstone
Conservative as he was suggested-!hough with some
h~hstion-fhe remedy Of general registration.
Since his time, the evil has gone increasing with the
Increase Of wealth and the frequency of transfers.
Purchasers and lenders constantly cheated The
rate Of ioteres demanded upon mortgages enhanced
by this rtainty. Nobody would to profit by
it but rogues and socitOrs-whose bills are very
much enhanced thereby. And yet the influence
OF those two classes joined to that fear of change by
which all ruling classes perpexed, has yet
prevented any remedy for this crying evil The pub
lie aud the lawyers have, however, got far
all to admit that the evil is great and ought to be
edied--he obstacle encountered being, as is usual
with all refOims, the numt rous lions in the way,
The great difficulties Of carrying out the object dis
covered by certain timd and hesitating gentlemen,
mostly lawyers in the conveyancing business, who
perhaps after all not very anxious for reform
which however useful to the public at large, might
be apt to interfere with their particular bread and
butter.
However in spite of all obstacles, the subject is at
length before Parliament on the report Of Commis-
sion Of some ten or twelve lawyers, who after four
years incubation upon it, have at length Matched out
plap, not however without considerable differ
ences Of opinion among themselves
One main point of this difference is the scheme
adopted by the majority and from which the minority
dissent, of keeping the registered ownership wholly
separae and apart from the equitable right or tte-a
following up Of the distinction existing in England be-
tween law and equty-a distinction founded upon no
principle and not at all originating in the nature OF
thIgs, but only in the accidents Of British judicial
history.
If however the Commission have taken q long time
and have had good deal difficulty and disagreement
in agreeing upon any plan it is because they ann az
something great deal more complete than the simple
system in among of the registration OF convey
ances, system which makes necessary, as preiimi-
nary TO every purchase the searching ofrecords, with
liabilities TO oyersights or mistakes and which after
all practically adv ambiguous it may be, yet fails to
afford the purchaser absolute security The problem
which the English Commissioners lay down for them
selves is 10 discover the means, consistently WIN the
preservation n existing rights, to obtain such system
as win enable owners to deal with lana
in as simple and easy manner, as TAR as the TUE
concerned and the difference in the nature OF tue Suo
iect matter may allow, as they no" Can ue"i WIN
movable chattels or stock
"Tbe objects in view are TO form register q title
"a ;stpouisbed from register of the various deeds
and assurances under which the title has been uerNeu
to form this register in such manner Una 'ne
tive inquiry into the former dealings ana uansac!D,
which on transfer is now necessary, may DC aVouou
70 make this register instrumental IN supplying gem
orally the title to land and the forms OF cohveyante
and at the time to continue, as lar as poss.oe
consistently with simple register OF title, the eNs,In9
system Of settlements and To- AVOID imparlng uhuuy
tie security Of settlements aud trusts
To accomplish these very desirable objects several
plans were suggested. One, of which the author-
shin or chief part of it, belongs to MIR. Scuny' is
thus described in the report:
oThe first Of these plans proposes the establish,
ment of a Land Tribunal, to which owners OF isna
NAV eppIy 10 have the land placed upon p9ohc reg
;ster and declared TO be registered land. Inc lid
,nnl is 10 induire into the nature OF the apPhcan.
title to the land ard its existing circumstances 80
to decide upon tho expectancy OF SIMPLY .e ho1ra
unon the register. When the land has mus oeoou'o
registered no subsequent act Is 10 create any nen
estate less than fee simple except registered leases
or easements, nor any new tncu"oranse' oN0oP' NO
istered debentures to Il limited amount II $3.50.
"The plan also proposes that the owner oil sucu Iee
;stered land NAV further apply for full investigation
az ,tle and for an order declaring IN a conclusive
C,rn ali e,stino estates and membranes; ana tna'
after the making of such order, the Tribunal may CIV
10 eaCh peron so found to be Interested az
at his title 1t also suggested that In orde 10 vo
yate all chance Of any injustice to third parties 'ne
STATE NAV guarantee the title upon payment oi sucn
small fees or premiums of insurance as WIZ Proviue ON
indemnity fund TO compensate persons Mnose ot
rights might be superseded; bur TINS guarantee "o'
an essential portion OF the plan. IL. . .;
"Tbe privileges considered to be incident 10 'ii'
plan e,, .;., vbs,
- A Parliamentary indefeasible title' WHEN
conclusivey declared by the Iriounai. 49,. .oc;,-
90 A power TO transfer by simple entry tne resuS'
80 further power to obtain on its credit terminus
lie land a. befures transferable either by simple EN-,
Ike Government stock, or by simple denFeiy "A'
bank notes bills of exchange. ;,
with view 10 impart TO these deDehtuics az
edine mar ketablc currency, and consequent increase
in value their amount is to be huited-say, 10 eAa ~
Ne to Ten times the annual value of the land ahu
m are 10 be for uniform sums without priority 'e'
~ sd hearino similar rate of interest. The leading
-, of These debentures is TO avoid the existing
ocriexity of membranes, and gradually to super
sSde ali other kinds of charge, such as mortgages leg
aces family portions qul,reH;s a0 CrowN hnsSs
annui,ies judgments, recogniZahces' Nro"h oohus
DEGREES, orders, and rules OF Court
The Commissioners are not prepared TO 80 the
,ene,h of this comprehensive scheme however the
,,on of : 7 and Tribunal might have been justified