§ (The Earl of Morley.)
§ Order for the House to be put into a Committee on the said Bill, read.
§ LORD COLONSAYmoved that the Order be discharged. From 1617 to 1866 various enactments had been passed in regard to the registers of land rights which had worked well, and now it was proposed by this small Act to disturb a system of legislation which had existed for 250 years, and to give to a merely ministerial functionary discretionary powers which have always been systematically withheld from him. This Bill would confer on the registrar powers whereby the rights which parties had acquired for value would be imperiled 953 and might be destroyed by the mere fastidiousness or caprice of himself or his deputies. Meetings had been held in Scotland objecting to its passing, and hoping it would be put off until a measure might be framed which, while effecting the only reasonable object in view, would do no serious injury. The Lord Register Clerk, his immediate deputy Mr. Dundas, and other officials, were opposed to the Bill; and so were most if not all of the professional bodies engaged in the preparation of title deeds. Indeed, the working would be most difficult, for the registrar would be empowered to require, where land was in two or more counties, a correct description of the portions in each, and could object to register a deed if he thought the description was not satisfactory. But clearly this was a matter in regard to which compliance by the party demanding registration might be difficult or even impossible, and great inconvenience, considerable expense, and delay, perhaps fatal, would arise. It would be far better not to proceed with the Bill, especially as all the authorities of Scotland were against it, and as it had received no discussion in the House of Commons.
THE EARL OF MORLEYsaid, the object of the Bill was to render more uniform the way in which registers were taken under the Act of 1866, and he had hoped the Amendments of which he had given notice would have satisfied the noble and learned Lord to some extent, and induced him to allow the Bill to be considered in Committee. If the noble and learned Lord would consent to the Motion for going into Committee upon the Bill, he (the Earl of Morley) would accept those Amendments of which the noble and learned Lord had already given notice.
§ LORD COLONSAYsaid, he could not accept the proposal, as all the authorities of Scotland were so strongly opposed to the Bill.
§ THE DUKE OF RICHMONDsuggested that legislation on the subject should be deferred to another Session, as there was no reason for any haste, and as it would be very undesirable to run the risk of committing a great injustice in order to remedy a small and minor grievance.
THE DUKE OF ARGYLLadvised his noble Friend (the Earl of Morley) to withdraw the Bill, seeing that the autho- 954 rities of the Register House and the Committee of the Writers to the Signet were opposed to it.
§ Order for Committee discharged.