New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-27


holders these rights are to be dealt with qualics
tons Of the heeholders presumptve title for the pos
session IL not necessarily the whole Of the evidence
upon which the title rests; II should rather be
edered the basis Of the evidence or il were the
starting lint Of the Inquiry. When therefore, other
rights EXIT protection il to be given to them. and
they are to be capable OF registration under the heads
Of Charges aud Notices Registration Of charges
and notices IL 70 consst in effect Of the registration
OF written Instruments assurances but each instru
meD Is TO stand upon the register in the
name Of pefSun responsible for its Introduction into
or retention in the regirtered title, and empowered TO
remove it at pleasure and provision is 10 be made
for its compulsory removal from the title as soon lie
operation has ceased. The registration of the free
hold Is TO be provisional in the first instance, that time
may be allOwed-say Fix years ordinarily but longer
rerod perhaps 20 YEAR, for those who are under dis
abilet-to interpose tho registration of exiting in
cunbrsnces or adverse titles. II is further proposed
that map Of all the land in the kingdom divided into
parishes or districts should be made BY authority on
which each field or other materially defined portion Of
the surface Of the country shoud be distinguished by
numerical symbol This map is to be made the basis
Of q book Of reference containing the numbers
as those on the map with the description and con-
tents of each division and the names and addresses
Of the different freeholders."
The Commissioners, while admitting the utility Of
the map part Of this plan reject it the ground Of
expense Of providing new maps existing ones being
insufficient. Yet this objection does not apply to Ire
land :f which the Ordnance Maps On the scale Of six
inches to the mile instead Of nchtbe scale of the
largest English mapsare amply sufficient for the pur
pore. Poor, deserted, il-used Ireland" exclams
The Times, seems in this, in not few other
things, to have been better taken of than En-
"gland, and while England is refused the trial of q
"plan very much upon the ground Of the enormous
" expen.s that would attend the experiment, the
objection il found not at all to apply to the sister
county," The Times is not quite ready to give up
this map plan. 1t asks
"Is it not possible that the difficulty and expense
have been exaggerated, and that there other and
less easily understood reasons against it II
Mr.. Joshua Williams, in his evidence, says that a
map il good servant but bad master; very useful
MS an auxiliary. but very mschievous If made ndls-
pensable. This IS one Of those fine sayings Of the
antithetical kind which with due Difference TO the
Commissioners who approve it, seems equally deficient
in pOetical allegory and in practical good sense"
Without dwelling longer on the various suggestions
made to the Commissioners, proceed to the plan
which they actually recommend. They advise that,
in the first instance:
" Registration shall not be compulsory. Secondly,
that judicial title should lot be preliminary TO reg
isiraton, which might be founded on ostensible or
posssssory ownership. Thirdly, though with some
difference Of opinion that interests created in land
before the commencement Of registration should not
be adversely bound affected by the regstra-
ton az SUCH but should be allowed to be claimed,
notwithstanding the registration, within the period
now fixed by the Statute of Limitations. Upon the
question: iourthly, whether registration OF the legal
Ownership will be compatible with due protection
Of the equitable beneficial interests in lan1,
though they do not give their solution in form Of
words yet all their reasoning goes to show that they
think the question might be answered in the atir1na-
tive"
This is regarded by The Times the most debat
able rar of their report and in which that journal
is incline to think the public will be more likely to side
-...la A. MIA sfu Qlly
commended proposes central registry for England
and Wales in London, under Regstrar-General with
branch officers also under his control throughout the
kingdom The registration to extend to all corporal
here ditaments except copyhold, ard perhaps 1.-THE
rent charge but TO be divided into three branches
lst registration of titles in eesime I'd, of incum-
brances 3D. of leases of twenty-one years aud up
ward
All owners of land having the right to dispose of it
in fee simple will be at liberty to apply for registra
ton to the effect that the ownership title may thence
forth be manifested by the register alone the effect of
the register when in complete operation being to rem
der it unnecessary in dealing with land which has so
been registered to look beyond the last ownership ap
pearng the register.
Registration of title is proposed to be twofod, one
of actual ownership, without the power to transfer an
shall at once enable the registered to transfer
the estate with Gil immediate statutory title
In the first of these cases the parties applying will
be REQUIRED to produce before the Registrar declara-
tie On OATH stating that they are in the actual ENJOY
ment of the rents and profits, and that they peieve
themselves TO be absolutely entitled to the land Ill Ice
simple free from all membranes, or subject oniy 10
such membranes as distinctly epeched; ana
thew will also be required to produce, where IT can De
done the last instrument OF conveyance OF the ice
Poo fQT
find il necessary TO require, with the view OF excud.
inc fraudulent claims. Powers also will be conferred
ON the X. g-trar to give such public and oiAer notices
as he NAV deem necessary Of the intention oil the par
ties TO bave the property registered in order that they
may not wrongfuly procure registration winch ina!
be detrimental to other pe rsons.
Bnt where the title to lands has been ascertained
bv decree or Judgment Of any Court whose jurisdiction
il conpeept to determine tie right, there the produc
tion Of such decree or Judgment by the person IN
whose favor it may have been made, or the order OF
the Court consequent thereon, will alone DO suicieh
TO authorize the Registrar to register the ownership
sucb person eubiect to the necessity OF making such
declaration and serving such notices as above ad-
verted to. .. .., II,
take place in those cases where the owner o lana ae
s,es not only to obtain title which, with regard 10
the future will be manifested and established by the
register alone but title which with regard To the
mast cannot be disturbed In this class of cases 1t
will be lawful for the parties seeking ,h
the benefits of warranted ownership TO Apply 10 ,he
Peoistrar TO have the title investigated with that
object In such cases will be Ighttha the neg
should cause the title to be fully investigated at the
e,pense of the parties by counsel and solicitors and
G hall be satisfied On their advice that the title is
a good one then, on the payment OF small premium,
10 be calculated by way Of percentage upon tn me
estimated value of the property in question he wl
register The ownership warranted one, either IN
the name Of the party applying, or, if the party apply,
ing shall prefer then in the name o. su th
nf ,ha,te will be given by public officer, the pre-
NUNS payable by the party obtaining such guarantee
viii be psid into the EIchequer; and the Consoda,ed