16

Sale and Transfer of Land. complain of it, or are interested in its proceeds, to the protection of the distringas, or to their personal claim against the individual. XXXVII. The material objection to this plan is, that transfers by the registered owner are stopped or prevented so long as there are mortgages on the property protected by distringas, and that mortgagees must either be themselves placed on the register as owners in lieu of their mortgagors, or must be content with the protection of a distringas. Another objection is, that a general liberty of entering distringases on the oath of parties, stating that they have an interest in the land, and on an ex parte order of the Court of Chancery, may lead to complications, embarrasments, and litigation, which ought to be avoided. Some further check may perhaps become necessary to prevent this liberty from being abused, and we believe such check may be found and provided. _It is also considered by some of the Commissioners that the advantages to be derived from registration would, under this plan, be postponed to too remote a period, unless some means could be devised of ascertaining and protecting on the register, within an early period, rights in registered land created anterior to the registry. The principal change in the law which this plan involves is, that after the commencement of the registry no disposition by a registered owner will be allowed to pass any interest less than.the whole fee simple, except leases. The transfer must vest an absolute proprietorship in the transferee, whether the purpose of the transfer be a sale, a mortgage, or a settlement. XXXVIII. Other plans for the registration of title have also been submitted to us, and are given in the Appendix. One (a) of these, by one of the Commissioners, is substantially the same as the last, with the exception that it makes no provision for a system of warranty to which he objects. The others (b) we have not failed to give attention to, but they do not appear to us to call for special remark in this place. As to Registration of Title. Observations introductory to the Plan about to be recommended. XXXIX. The previous examination of the different schemes before mentioned will tend to show the special difficulties which we have to avoid, and the particular provisions upon which all are agreed. They are agreed in recommending that the entry in the register should be the only manifestation of actual ownership for purposes of transfer. Each of these plans, moreover, suggests a certain " registration of title" to land; and what is thus proposed is not a registration of that which is now known as " the title" to land, but of some form of landed ownership which, as part of the scheme in question, and for the purposes of it, must be adopted, and established by alterations in the existing law. Each of the schemes proposes, to a greater or less extent, to remove existing complexities of interest in land, and therefore more or less implies change in the nature of title. The difficulty consists (and here the plans essentially differ) in effecting the transition from the existing system of title, and in endeavouring to reconcile the registered ownership with the preservation and protection of unregistered interests. Most of the plans adopt some kind of mapping and some system of warranty; but they vary in the mode in which these objects are sought to be accomplished. XL. Bearing then in mind such agreements and differences, and taking advantage of the different suggestions submitted to us in each of these schemes, we find that the problem which has to be solved is this:—By what means consistently with the preservation of existing rights, can we now obtain such a system of registration as will enable owners to deal with land in as simple and easy a manner, as far as the title is concerned, and the difference in the nature of the subject matter may allow, as they can now deal with moveable chattels or stock? No one doubts that it would be a great benefit to the proprietors of land if they were able to convey it with the same facility as the owners of ships, or of stock, or of railway shares, can now assign their property in any of them. But the question is, Can this be accomplished?—and, if so, how? In answering these questions, it must be assumed that no plan of registration will be acceptable or desirable unless it leaves, substantially and practically, to the owners of land powers of disposition and rights of enjoyment of similar extent and facility of exercise with those which they possess under the present system. XLI. One remark should here be made, which is apt to be lost sight of; it is this —that if there had been always a register of land, as there is in fact a register of ships, of stock in the funds, and of railway shares, it would be difficult to point out any substantial distinction between property of that description and land, so far as regards the mode and form in which they might respectively be transferred or sold. The distinction between them has arisen, not so much from the different nature of the things themselves,as to the different regulations to which they have been subjected in their origin and in the developement of their legal qualities. Both kinds of property are equally the creatures of and require the protection of the law. Both admit of transfer from one person to another. Both may be subject

Objections to third plan considered.

Olher plans,

Points or agreement in the plans.

Problem to be solved.

Difficulties resulting from long existence of the present system.

(a) See Mr Headlam'e paper in Appendix A. (6) See Mr. Wakefield's and Mr. Macdonnell's and Mr. E. N. Ayrton's papers in Appendix. See also Mr. Dugmore's evidence, and Mr. Boyle's pamphlet entitled " Suggestions for a General Index of Titles,"