§ Mr. Blamire,in presenting a Petition from certain Freeholders near Cockermouth, in the County of Cumberland, against the General Registry Bill, stated, that his Constituents were very adverse to the measure, because they apprehended that they would be obliged to send their title-deeds to London; that a great expense would be incurred by landowners in the remote parts of the kingdom, in searching the register; that it would be necessary to employ London solicitors in all transactions of sale and mortgage arising in the country; from the minute divisions of properly in Cumberland, it would cause so much expense as wholly to prevent the transfer of small estates, and that, from there being so many parsons in Cumberland of the same name, the index to the register would afford no information. They were not aware of any instances of estates being lost by concealed deeds. But there was a grievance felt there, which if it could be cured by a clause in the Bill, his constituents would be willing to agree to all the inconveniences of registration, which was, that almost every estate was held by 855 mixed tenures of copyhold, freehold, and customary freehold; and as the boundaries of the land held by each tenure could not be pointed out, no good title could be made, and the seller was always at the mercy of the purchaser.
§ Mr. John Campbellsaid, this petition was a fresh proof that the Register Bill was opposed from being misrepresented or misunderstood. A Metropolitan-office was preferred to offices in every county, for the sake of economy, uniformity of practice, and facility of search; but every landowner would continue to keep his deeds in his own muniment-room. A copy (exempted from Stamp duty) would be sent to the Register-office, and this was found upon calculation to be cheaper than a memorial, while it would be much more useful,. Regulations were introduced into the Bill for equalizing expense in transactions over the whole kingdom, so that registration upon the sale of an estate in Cumberland would not cost more than if it were in Surrey. The solicitor in the country would correspond directly through the Post-office with the Register-office, both as to searches and the registration of deeds, and the employment of any solicitor or agent in London would be wholly unnecessary. The very difficulty pointed out, arising from the frequent occurrence of the same name, was met by the Bill; for, instead of an index of names of grantors, there was to be a symbolical index, upon the principle of a ledger; and a single page would show with absolute certainty, all the deeds affecting any particular lands. If the petitioners would read the evidence laid before the Real Property Commissioners, they would find that instances were constantly occurring, bona fide purchasers being turned out of possession by suppressed deeds being brought forward; and that in every transaction of sale or mortgage, the expense is enormously increased by the precautions resorted to for the purpose of guarding against this danger, which must always exist till a register is established. With respect to the evil arising from diversity of tenure, it was one of a totally different nature, and could not be met by this measure; but in a future Session of Parliament, it was his intention to introduce a Bill which would be an effectual remedy; for the operation of it would be, that all the land in England would in time be held by one tenure,—viz., free and, common soccage.
§ Mr. Blamirefelt it necessary to return his thanks to the hon. and learned Gentleman for his explanation. There was one point, however, on which he wished to set himself right: the petitioners did not mean to state, that no instances of fraud had occurred from concealed deeds, but that they knew of no such instances.
§ Mr. Burgewas fully convinced that no professional man in the country would be satisfied, unless his town-agent went to the Register-office and searched for information himself.
§ Mr. John Campbellassured the hon. and learned Member, there would be no such necessity. The Officer at the Register-office, on application, would copy from the Record all the information that was required, indeed it would be impossible for any Attorney to obtain by personal application more information than could be communicated by the Register in writing.
§ Petition to be printed.