HC Deb 12 June 1865 vol 180 cc86-9

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 5, inclusive, agreed to.

Clause 6 (Every Description of Title may be recorded, and need not be registered in the Deeds Registry. 21 & 22 Vict. c. 72, s. 51).

MR. WHITESIDE moved, in line 25, to leave out— And no delaration of title so entered upon the record shall be registered in the office for Registering Deeds in Ireland.


said, he admitted the force of the Amendment, and proposed to meet the right hon. Gentle-man's views by the addition of certain words to Clause 16.


said, he would withdraw his Amendment.

Clause agreed to.

Clause 7 (Any Person obtaining a Conveyance or Declaration may decline to have his Title recorded under this Act).

MR. WHITESIDE moved, in line 35, to leave out "not." He said his object was to render the Bill completely permissive, as the promoters of it said they wished it to be.


said, he must object to the Amendment, on the ground that the word proposed to be left out would not, in the slightest degree, affect its permissive character.

Amendment negatived.

Clause agreed to.

Clauses 8 and 9 agreed to.

Clause 10 (Books of Record not to be inspected without Leave. 25 & 26 Vict. c. 53, ss. 15 and 137. Index to be made).

MR. WHITESIDE moved, in line 26, to leave out from "inspected" to "judge," in line 29, and insert— In like manner as the registry of Deeds in Ireland may be inspected by the public under the Statutes Regulating the Registry of Deeds Office.


said, he must oppose the Amendment as calculated to gratify the curiosity with regard to private property of persons not interested in it. It might even be used for fraudulent purposes.


said, that for 150 years they had courted publicity in this matter in Ireland, instead of shunting it, and it had always been found beneficial.


said, he would prefer an open registry, but did not wish to do anything that would endanger the Bill.


said, he would concede the addition of words, giving an enlarged power of inspection, intermediate between the clause and the Amendment—adopting, in fact, the clause for the English Registration Act.

Clause, as amended, agreed to.

Clause 14 (Every charge, &c., to be entered in Record of Title. 25 & 26 Vict. c. 53, s. 32).


said, he approved of the Bill so far as it provided for the registration of title, but objected to the enactment providing for the establishment of another Registry of Deeds.


said, he very much preferred the system of registration of title to the system of the registration of deeds. He would support the clause, though it was not as perfect as it might have been.

Clause agreed to.

Clause 29 (Other Deeds may be recorded, on Evidence of due Execntion. Originals or Copies to be retained in Court).

MR. WHITESIDE moved, to leave out clause. He said the clause made of this Record of Title another Registry of Deeds Office. He objected to this double system of registration.


said, it was not intended to fetter the modes of transfer.

Clause, with Amendments, agreed to.

Clause 40 (Interests, &c. may be recorded by Reference. No Appeal to lie if the Judge declines to record separately).


said, the Attorney General seemed to think that a charge under a settlement could be recorded was out-out reference to the settlement. He submitted that everything within the settlement should be made known, thus giving notice to the parties who should purchase the charge under that settlement.

Clause agreed to.

MR. WHITESIDE moved the following clause:— That any perons who has obtained from the Commissioners for the Sale of Incumbered Estates in Ireland or from the Landed Estates Court a conveyance or declaration of title, or who shall hereafter obtain the same, may apply every five years by summary petition, supported by such evidence as the Court shall require, to be declared the owner, with registry of indefeasible title as originally granted by the Court; and upon the declaration of the Court, granted and registered or recorded as may be required by law, the person named therein shall be deemed owner as declared, to all intents and purposes.


said, he must object to the clause.


said, the clause was likely to introduce a new question as to costs.

Clause negatived.

House resumed.

Committee report Progress; to sit again on Thursday.