LORD CAMPBELLsaid, that it was with great satisfaction that he was authorised to state that a measure relating to the Registration of Deeds would be introduced by his right hon. and learned Friend the Master of the Rolls into the House of Commons on the earliest day that could be found for that purpose. The question had been lately propounded, "Will you register your deeds?" and to that question a right hon. Friend of his, Sir Edward Sugden, who was justly considered as one of the brightest ornaments of his profession, had replied, "No." Now, he (Lord Campbell) said, "Yes." Register your Deeds, he would say, and by so doing you would more readily prove the validity of your title, and diminish the expenses of a transfer of property. He trusted that the Government Bill on this subject, about to be introduced, would carry along with it 183 some degree of reputation for last Session, and that in the present Session it would become the law of the land. He was convinced that some measure of this nature must form the foundation of all improvement in the law of real property.
§ EARL FITZWILLIAMthought that this was a question upon which the greatest deliberation and care ought to be taken before anything could be done. An Act which involved the necessity of registering in a public office every deed relating to property, would be productive of very great inconvenience to those who had dealings in small quantities of land. He did not object to all registration. Far from it. He thought there were great advantages connected with it; but a measure such as was brought forward last year was calculated to impose great expense and inconvenience in the transfer of small properties. He hoped that the Bill would be relieved of that obnoxious provision which exposed to every curious eye the deeds executed by private persons.
§ LORD BEAUMONTsaid, that the Bill of last year had since undergone much discussion out of doors, especially in the Ridings of Yorkshire, and he was happy to say that, generally, there was an inclination in favour of registration, and almost all the provisions of the Bill were approved of. One, however, was invariably objected to, an important clause, but one to which there seemed insuperable difficulties—that was the principle of centralisation. Many great authorities were of opinion that the registry of deeds should not be confined to a single office, but that it should be extended throughout the country.
The LORD CHANCELLORstated, that the Bill had undergone no change since last year, except the simplification of some of its terms.
§ EARL FITZWILLIAMrepeated his conviction that the measure would be productive of great inconvenience to private persons, by the exposure which it would entail of the deeds and agreements relating to their properties.
The LORD CHANCELLORwould remind the noble Earl, that in consequence of similar objections which had been urged last Session, a clause was introduced into the Bill, which required that all registered documents should be given up to the owner of the property to which they related, and 184 that no persons should be allowed to inspect the registry, without producing the original documents. This would effectually prevent these things being exposed to the gaze of the curious.
§ House adjourned till To-morrow.