แ

TRANSFER OF LAND.

The Parliament and the press are determined that the subject of the cheap transfer of landed property shall not sleep; and we are informed that to the three bills already brought in, the Attorney-General is about to add a fourth. This is really a matter of serious importance to the profession, for whilst there can be no objection to any reasonable scheme for facilitating the transfer of land, it is a different matter to allow the adoption of one which shall have the effect of entirely superseding professional assisttance; and that is the unmistakeable aim of more than one of the originators of the new bills, and would probably result at no great distance of time, from the adoption of any of the plans. It should be remembered that in such a case we may apply the saying that "it grows by what it feeds upon ;" having reduced the solicitors emoluments very considerably, we should speedily have proposals for the destruction of the small remainder-an event by no means contingent." Very recently, Lord St. Leonards has favoured the House of Lords with his views upon the various measures for facilitating the transfer of land, in the course of which his lordship observed that he believed it would be impossible to give a common law facility to the transfer of landed property, and at the same time retain the power of creating settlements and jointures without interfering with the title to the fee simple. No other country but England possessed this facility. It had been said, that a certificate of title ought to be as negotiable as a bill of exchange. He hoped he should never see such facility for the transfer of property. If a man could carry his title-deeds in his cigar-case, no one would answer for the consequences. There was no necessity to render property so easily transferable; for if a man wanted to raise money on his property, he could do it by mortgage. After noticing the ancient modes of transfer by delivery of seisin, and otherwise, and the abuses which had thence arisen, he said that the Legislature and the judges had always shown great anxiety to protect purchasers. Formerly there used to exist several great protections against fraud; as, for instance, the power to bar a right for non-claim, and the creation of terms attendant upon the inheritance; but those safeguards had, he regretted to say, long been all swept away. The Court of Chancery had laid down a rule which was very conducive to honest dealing, but which had led to inconvenience -he meant what was called the doctrine of notice. Where the notice was express, and to the party himself, nothing could be more proper than that doctrine; but unfortunately the courts of equity had gone much further, for they had set up a construc

tive or implied notice. If, for instance, he employed an attorney, believing him to be an honest man, to purchase an estate for him, and if it could be shown that that attorney had any knowledge of any incumbrance upon it, it would be inferred that the purchaser himself was also aware of it, and he might lose the estate he had just bought, and lose it without any fault of his own; indeed, it might have been utterly impossible for him to have known of the incumbrance. He thought the time had arrived when an alteration might be made in respect to that doctrine. In another respect the present practice. required amendment. It was held that a lis pendens was notice to all the world; in other words, every purchaser was presumed to know every fact in relation to the property he was buying that might have been disclosed in any suit then pending. That rule was based upon the assumption that every Englishman was bound to make himself acquainted with whatever took place in the courts of justice-a manifest impossibility. It would be a great improvement, and save an enormous expense, if matters affecting property which were disclosed in the course of suits could all be brought into one office, so that search might at once be made for them. The great expense of the transfer of land arose from the circumstance that men did not choose to depend upon anybody but their own advisers. If a man wanted to buy an estate, he insisted on having a laborious and costly investigation into the title gone through by his own solicitor, and the result advised upon by his own counsel; although the estate might have been purchased only three months before, and exactly the same process had already been gone through. One of the chief dangers to be guarded against in the purchase of real property was, lest there should be a concealed incumbrance. To avoid that, various plans had been proposed. Amongst others was a scheme for the registration of deeds. A bill with that view had been brought in by the Lord Chancellor; but he (Lord St. Leonards), thinking that it would be mischievous, and would lead to much expense, had felt it his duty to oppose it. He had arrayed against him all the noble and learned lords in that House, and the bill was passed: but in the other House it was summarily rejected. The result was, the appointment of a Royal Commission, who had lately made a report, and whose labours it was intended to embody in the shape of a bill. Nobody could read that report without being deeply impressed with the great learning, knowledge, and ability which it displayed; but he was sorry to be obliged to add that he could not in the least agree with the conclusions at which the commissioners had arrived. Their plan was not to have a general registration—that was to say a registration of every

deed and of every assurance; but they recommended what was called a registration of titles. What they proposed was, that some one should be registered who was the owner of the estate, with power to sell or mortgage it; but it would not be possible to register any estate in which a settlement had been given. The commissioners began by making this registration voluntary; but after an estate had once got upon the register, it could never disappear from it. What was proposed was in truth that the Government should open a shop for the sale of good titles. But that could never be endured; and, therefore, notwithstanding the great authority of the commissioners, he must give the proposal his most decided opposition. It must be obvious that a person who went to the office and asked to have his property registered would have nobody to oppose him; his application could be no more than an exparte one; and yet if it was granted, the real owner of the estate might find his claim barred. By the law of England any man who had a right to any property might recover it; but, according to the commissioners' report, if he recovered it, he would not have it; he would only receive a money compensation. Nor was that all. The scheme contemplated in many cases that a sham owner should be registered; but this sham owner would, nevertheless, have an undoubted right to mortgage or sell the estate. To guard against that, it was proposed to establish a machinery of caveats or injunctions, the result of which would be to invoke the Court of Chancery on every possible occasion. In a word, while attempting to make the transfer of land as simple as that of a railway share or £50 stock, the commissioners had run the risk of incurring the gravest possible inconveniences, and they had sacrificed altogether their lordships' power of making settlements upon their own estates; for it was impossible to preserve the rights of property if they conveyed to any person other than the real owner the legal fee simple. There were some things involved in the Report at which it was hardly possible to repress a smile. For instance, under the new system, it would be impossible for two men to purchase an estate together. At present that was often done; and the property was conveyed to them as tenants in common; but under the proposed plan that would be impossible, unless they agreed to give the survivorship to one of them. The Lord Chancellor informed them the other evening that he was about to lay on the table a very different measure in reference to registration; and Lord Brougham had laid on the table another bill respecting the registration of deeds. That bill, he apprehended, would entail the necessity of maps, and it should be remembered that the maps of the

Tithe Commission had already cost £2,500,000. He would now state the objects of the Bill that he intended himself to introduce, which was not a bill for the registration of titles, but for simplifying titles. He proposed to remove obstacles to the transfer of land; to restrict the present power of limitation; and that a purchaser's title should be indefeasible if he had been in undisturbed possession for twentyfive years; but he would not take from any man the right to recover charges on property.

BILLS IN PARLIAMENT.

Omission to recite acts intended to be repealed, amended, or superseded. The principal defect observable in the bills now pending in Parliament is, that most important measures, by which numerous existing acts will be virtually repealed, amended, or rendered obsolete, do not contain any recital of the existing acts which will be affected by the pending measures, nor are such existing acts proposed to be expressly repealed.

Alleged impossibility of ascertaining existing acts.The existence of this defect in our current legislation is admitted, but it is excused on the alleged ground that, acts 66 are altered in one session, and then in another; and seeing how the sections conflict, no human being can advise upon them with any certainty, and one can scarcely tell what is the state of the law." The preceding paragraph is part of the evidence of Mr. H. B. Ker before a committee of the House of Commons on the 3rd March last; and as this gentleman describes himself as the only paid member of the Statute Law Commission, and asassistant to the Lord Chancellor in considering bills pending in the House of Lords, his position entitles his opinions to be received with deference, especially as on the same day, and in proof of the difficulty of tracing the existing statutes upon any particular subject, he cites a case in which he prepared two bills with reference to the office of Chancellor; and although he prepared them with as much care as he could, he afterwards discovered that there were eight or nine statutes which he had not referred to, and which were not in any index relating to the statutes. In this particular case (to use Mr. Ker's own words), "it did not signify, as the bills did not pass;" but as it is not desirable that this source of consolation should exist in the case of every important bill submitted to Parliament, it is most necessary that an efficient remedy for this admitted evil should be provided without delay.

Remedy suggested in the form of an authentic edition of existing statutes.-It is submitted that the most effectual remedy would be the adoption by the House of Commons of the motion of which Mr.

an humble

Locke King has given notice-viz., for " address to her Majesty, praying that she will be graciously pleased to take such measures as may seem most expedient to cause an edition of the statutes at large to be prepared, including all public statutes and parts of statutes in force, and omitting all such statutes and parts of statutes as are expired or have been expressly repealed; and that in the place of the statutes or parts of statutes repealed or expired, there be inserted the titles of such statutes, and the respective numbers and abstracts of the clauses so repealed or expired; and in the case of repealed statutes or parts of statutes, a reference in the margin to the statutes by which they are so repealed, with the view hereafter of forming an authentic edition; and to assure her Majesty that this House will make good whatever expense her Majesty may think proper to be incurred on that account."

Difficulty of distinguishing between existing statutes and those repealed, expired, or obsolete.— The great bulk of the statutes is only part of the difficulty encountered by the legal student: he may, after great difficulty and research, succeed in finding a statute upon any given subject, but there is nothing to assure him that it is still in force; and until he has examined all the statutes subsequently passed, he has no certainty that it may not have been repealed or amended. To show the working of the present system, a case will be mentioned that occurred very recently:-A gentleman, interested in a matter pending before Parliament last year, purchased, at the Queen's printers, a copy of a statute relating to the subject, and acted upon its provisions. In a short time he learnt that this statute had been repealed by another act passed a few years afterwards. He procured this second statute, and as its provisions were in accordance with his proceedings, he continued them; but he subsequently ascertained that this second statute had been also repealed, and that the provisions of the third statute passed upon the subject did not sanction his proceedings, so that the two first statutes purchased had been the means of misleading him as to the existing law upon the subject in which he was interested. This case is not a solitary one, as it is of frequent occurrence that statutes are purchased which have been repealed; but which fact being unknown to the purchaser, he acts upon the document he has purchased, in the honest belief that his proceedings are in conformity with the law.

Practicability of preparing an authentic edition of the statutes.-These difficulties would be obviated by the publication of an authentic edition of the statutes, in which every statute that has been subsequently amended or repealed should contain a marginal note referring to such subsequent statute.

That the preparation of such an edition is practicable can hardly be matter of doubt, if the editorship were confided to a barrister who possessed both ability and application; and many gentlemen possessing both these qualifications could be found in the profession willing to undertake the office, although it is possible that, to secure an efficient editor, it might be necessary to look beyond the circle of gentlemen who now enjoy the Government patronage and favour.

Course of proceeding in preparing the work.-The course of proceeding in preparing an authentic edition of the statutes would be to commence with the latest session, carefully endorsing upon acts amended or repealed a reference to the repealing or amending act, and by thus perusing session after session, all the accuracy that is possible would be secured; and in cases of doubt as to the total or partial repeal of any statute, it should be retained, and the facts stated in a note annexed to such statute; and although it would be desirable that, in the first instance, the edition should be printed for the use of. Parliament, yet, by its being retained in type, it would be a groundwork to guide Parliament in deciding which statutes should be retained, and which repealed; and when the doubtful cases had been settled, it might, by a declaratory act, be made an authentic edition of the statutes, not only perfect at the time, but capable of being continued so in perpetuity by repealed statutes being omitted, and new statutes being added under the superintendence of an editor acting under the authority of Parliament.

LIST OF CORRESPONDENTS.

WE have been compelled to delay the revised list until next number. Any additions or alterations should be notified as early as possible.

LEX (Sheffield).-We cannot speak with more certainty of the time of appearance of the new edition of Stephen.

J. S.-Write to the Secretary of the Society, at the Law Institution, Chancery-lane. We believe they adjourn about this time for the Vacation holiday.

A. B. We do not remember receiving any such communication as that you refer to.

JUVENIS. The prospectus was sent to you in order to ascertain whether you would support the proposed series of works. No commencement will be made until a sufficient number of orders is received.

X. Y.-We think you ought to pass, but so much depends upon the capacity of each student that it is impossible to speak with certainty. Readiness and coolness at the examination will go very far.

L. T. S.-We think there is sufficient "Summary," and we are satisfied that if you carefully read it each month, you will obtain a considerable amount of practical information in the course of the three years you have yet to serve. The promised volumes of Sweet's Jarman have not yet appeared.

Printed and published by THOMAS F. A. DAY, at his residence, No. 13, Carey-street, Lincoln's-inn-fields, in the parish of St. Clement Danes, in the county of Middlesex. Saturday, August 1, 1857.

PAGE

73-76 76-82

THE LAW AND LAWYERS. By a Professional Man

82-99 99-104 104-105 105-106 106-107 107-108

X

xi

xi-xii

xii

THE MONTH'S SUMMARY

LIST OF CORRESPONDENTS

THE REPORTING SYSTEM

THE PROFESSION-SOLICITORS AND ARTICLED CLERKS NOTICES TO CORRESPONDENTS

LAW

KAIN & COBBETT,

AND GENERAL ACCOUNTANTS, 16, GRESHAM STREET, CITY, E.C.

Just published, in post 8vo, price 2s. 6d., cloth. HE ERA CHESS PROBLEM TOURNA

ITTLETON'S TENURES: with Notes, and Copious Questions on the Text and Notes. New Edition. The mode in which this work has been edited is, in the first place, by omitting the portions quite obsolete; in the next place, by slightly altering LITTLETON'S Text, where some partial change has been made in the law since Littleton's time; and, in the third place, by adding notes to very many of the sections, noticing the changes made by statutes, and in some cases stating recent decisions of importance, and, in the last place, by furnishing a most complete series of questions on the texts and notes.

N EXPOSITION OF THE LAND TAX: Its Assessment and Collection; showing the subjects exempt from the Tax; mode of granting relief from the Double Land Tax assessed on the Estates of Roman Catholics; and Rights and Advantages conferred by the Redemption Acts, with References to the reported Cases in the Courts of Law and Equity, bearing on the subject; and an Introductory Sketch of the History of the Land Tax. By MARK A. BOURDIN, of the Inland Revenue Office, Somerset House.-Price Half-a-Crown, or sent free for thirty-six stamps.

London: T. F. A. DAY, 13, Carey-street, Lincoln's-inn.

Price 1s. 8d.

On the 15th of September, 1857 will be published, No. 1 of HE LAW STUDENTS' LIBRARY. - The

of Works specially adapted as a preparation for, and successful passage through, the Examinations to which Articled Clerks are subjected. The proposed Works have in view to furnish Articled Clerks with practical information on those subjects which the Examinations comprise, and to present the various statements and propositions in such a form as shall best conduce to the reader's comprehension of their exact import, without overloading the works with mere matter of detail. Every experienced person knows that the student who has laid a good foundation in the principles of the law will make the best practical lawyer, and will get through his examination, not only with safety, but with satisfaction, and even credit. The institution of prizes and honours has furnished another incentive to study, and it is to assist the candidate in competing for these that the proposed series of Works is announced.

The following are the Works with which it is proposed to com

It is intended that cach Work shall occupy about 300 pages, and thus present, in a compact and intelligible form, the principal points embraced by the Examination Questions. The works will be equally useful to the commencing Student and to the Articled Clerk about to be examined; indeed, to the latter, the Works will be invaluable, as presenting a compendious statement of the very matters on which he will be examined.

The LIBRARY will be brought out in numbers, of which one will be published monthly (on the 15th of each month), containing 40 pages of octavo size, price 18., making an annual subscription of 12s.; for which sum, it will be sent post free to subscribers. It can also be obtained through the booksellers in the usual way. Each work will cost about 8s No. 1 will appear on the 15th of September, 1857. The advantages of the LIBRARY are so palpable, that it is to be supposed that no Articled Clerk will hesitate to support it.

1.

2.

3.

SOCIETIES.

4.

58.

NSTRUCTIONS for VALUING

INST

OBITS and REVERSIONS. 18.

POST

By ARTHUR SCRATCHLEY, M.A., F.R.A.S., Formerly Fellow and Sadlerian Lecturer of Queen's College, Cambridge.

Published at the FRIENDLY SOCIETIES' INSTITUTE, 4, Trafalgar square, London.

HOLLOWAY'S PILLS, the most effectual

This medicine has astonished the world for the last twenty years, and the individuals who have taken them, for after having had recourse to all remedies without success, in cases of liver and bowel complaints, indigestion, and other fearful disorders, these Pills have restored them to health, where, in many instances, they were considered to be past relief. Such facts do not require comment, and all sufferers can easily prove their truth.

Sold by all Medicine Vendors throughout the World; at Professor Holloway's Establishments, 244, Strand, London, and 80, Maidenlane, New York; by A. Stampa, Constantinope, A Guidicy, Smyrna; and E. Muir, Malta.

LIST OF CORRESPONDENTS.

THE following is a corrected list of correspondents on Moot Points, to which the names of any other articled clerks or solicitors can be added :-Mr. C. N. Aldritt, Luton, Beds; Mr. S. Arbouin, at Messrs. Few and Co.'s, Henrietta-street, Covent-garden, London; Mr. Henry Barker, at W. Barker's, Esq., Huddersfield; Mr. W. E. Barker, at Mrs. Williams's, Grove House, Mostyn-street, Llandudno, near Conway; Mr. A. Beale, No. 164, Friar-street, Reading; Mr. J. Beaumont, solicitor, Great Coggeshall, Essex; Mr. J. T. Beard, of High-street, Hadleigh; Mr. C. G. H. Beck (corresponding secretary to the Worcester Law Students' Society), Springbill, Worcester; Mr. J. B. Betts, at Messrs. Mercer and Edwards', solicitors, Deal; Mr. C. Bishop, jun., of Llandovery; Mr. W. Brice, Bruton, Somersetshire; Mr. J. S. Brown, of Thorpe Hamlet, Norwich; Mr. G. H. Clough, at Messrs. Eddison and Clough's, Worksop; Mr. Geo. Cousen, at Messrs. Rawson, George, and Wade's, Bradford, Yorkshire; Mr. J. Cook, of Witham; Mr. L. Cordes, Trinity-villa, Abergavenny, Monmouthshire; Mr. L. Cowlard, jun., Launceston, Cornwall; Mr. A. Crow, Millstreet, Market-Rasen; Mr. F. J. Davis, of Tygwynne, near Cardigan; Mr. T. P. Dickin, at W. H. Cooper's, Esq., solicitor, Shrewsbury; Mr. H. Druce, No. 10, South-square, Gray's-inn, London; Mr. R. S. Freame, Gillingham, Dorsetshire; Mr. G. Gale, No. 2, Bowling-lane, Hull; Mr. H. Gaskin, at M. Stevenson's Esq., Chatham; Mr. T. Gould, Newnham, Gloucester; Mr. C. J. Gratton, at J. Cutts', Esq., Chesterfield; Mr. J. J. Handley, Leeming-street, Mansfield; Mr. J. Hartley, at R. Hunt's, Esq., Rochdale; Mr. S. Harris, at Messrs. Wartnaby and Fisher's, Market Harborough; Mr. L. P. Hausburg, Rosenfells, Much Woolton, near Liverpool; Mr. K. H. Hebb, at J. Moore's, Esq., Lincoln; Mr. C. Hilditch, Tunstall, Staffordshire; Mr. R. H. Holloway, of Billericay; Mr. J. Homer, at J. Homfrey's, Esq., Halesowen, Worcestershire; Mr. Horton, at Messrs. Lee, Penson, and Best's, Birmingham; Mr. E. J. Howell, No. 4, Upper Larkhall-rise, Larkhall-lane, Clapham; Mr. James Hutchinson, of No. 3, Horton-road, Bradford, Yorkshire; Mr. E. A. Jaques, Alma Chambers, 32, Paradise-street, Birmingham; Mr. G. J. Johnson, at Messrs. Tyndale and Sons', Birmingham; Mr. John Jones, at B. Evans', Esq., solicitor, NewcastleEmlyn; Mr. Josiah Jones, of No. 10, Corn-market, Worcester; Mr. H. Kinneir, of Barnfield-house, Southernhay, Exeter; Mr. A. Knowles, Yew-tree House, Brampton Moor, near Chesterfield; Mr. J. W. S. Lavender, High-street, Bromsgrove; Mr. W. Leonard, at R. Leonard's, jun., Esq., Bristol;

Mr. J. Lowes, at Messrs. Chater's, Newcastle-uponTyne; Mr. W. Mann, 45, Princess-street, Manchester; Mr. J. H. Millington, 15, East-street, Red Lion-square, London; Mr. H. Morris, of Llanelly; Mr. J. N. Mourilyan, jun., of Sandwich, Kent; Mr. A. II. Norton, at. F. Sharpley's, Esq., Louth, Lincolnshire; Mr. A. II. Owen, at E. L. Hesp's, Esq., Huddersfield; Mr. R. E. Pannett, of Whitby; Mr. R. Parry, County Court Office, Carnarvon, North Wales; Mr. S. S. Partridge, at Messrs. R. and G. Toller's, Leicester; Mr. T. J. Peacock, of No. 10, South-square, Gray's-inn, London; Mr. J. R. Peerless, East Grinstead; Mr. W. A. Peerless, of East Grinstead; Mr. S. H. Perrin, Athenæumchambers, Nicholas-street, Bristol; Mr. G. E. Pickering, of Aylesbury; Mr. G. W. Powell, at Messrs. D. Thomas and Banks', Brecon; Mr. W. H. Randles, at G. Salter's, Esq., Ellesmere, Shropshire; Mr. B. S. Riley, jun.; 47, Southmoltonstreet, Gosvenor-square; Mr. S. W. Rowse, at S. Rowse's, Esq., 23, Princess-street, Plymouth; Mr. R. Rowell, at H. V. Mules', Esq., Honiton, Devon; Mr. T. Sampson, No. 78, Lowgate, Hull; Mr. T. H. Shacklock, Toothill, Mansfield; Mr. J. Sims, of Harleston, Norfolk; Mr. F. Smith, Bridge-street, Witham, Essex; Mr. T. Spencer, Messrs.. Crowdy and Co., Swindon, Wilts; Mr. W. Stevens, of Sherborne; Mr. F. Summers, 12, Parliament-street, Hull; Mr. R. Sutcliffe, Brown-hill, near Burnley, Lancashire; Mr. J. O. H. Taylor, of St. Giles'street, Norwich; Mr. W. Taylor, of Hexham; Mr. J. Tree, 19, New-street, Worcester; Mr. A. S. Trottman, West-end, Wellingborough, near Northampton; Mr. J. W. Vining, 2, Moorgate-street, London; Mr. R. Ward, of No. 43, Noel-street, River-street, Islington, London; Mr. H. S. Watts, of Yeovil; Mr. James Wells, at C. G. Brown's, Esq., Bilston, Staffordshire; Mr. John Williams, County Court Office, Carnarvon, North Wales; Mr. H. Wood, Yeovil; Mr. T. B. Woodram, at A. Horwood's, Esq., New-court, Temple.

We trust we shall shortly have to report a large addition to the above names, as at present the number is very small, compared with the large body of articled clerks in town and country, and, indeed, as compared with the number which we formerly had the pleasure to publish. There surely must be many among the recent subscribers who will be anxious to avail themselves of the advantages of the correspondence system. There is no expense attendant on it: all that is required is, for any one to intimate a desire to have his name inserted in the list.