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CONTENTS. Leading Article
Court of QUEEN's Bench. Notes of the Week...
105 By G.J.P. SMITH and W. B. BRETT, Barristers at Law. Short Notes in Conveyancing. No. I.
105 Voller o. Carter. -(Devise -Construction - Limita. Review....
278 The Law of Blockade..
108 In re Carter and Smith.-(County court-New trialLondon Gazettes.....
110 9 & 10 Vict. c. 95, s. 89—Seven days' notice-
Rule 141 of Rules of Practice-12 & 13 Vict.
EXCHEQUER CHAMBER. Evans v. Saunders.—Evans v. Evans.-(General power
By G. FRANCIS, Barrister at Law, of appointment by deed or will—How affected after
Cooper v. Parker.-(Pleadiny-Acceptance of less sum having been exercised by deed-Effect upon, of
in satisfaction of greater)
281 exercise by revocable instrument afterwards re
COURT OF COMMON PLEAS. voked)
265 By W. PATERSON and W. Mills, Barristers at Law. ROLLS COURT.
Pritchard v. The Official Manager of the London and By G. Y. Robson, Barrister at Law.
Birmingham Extension, Northampton, Daventry, Watson o. Cleaver.-(Practice-Evidence-26th Order
Leamington, and Warwick Railway Company.of August, 1852)
270 (Sci. fa. against shareholders of unregistered com
panies—7 & 8 Vict. c. 110, s. 66-11 & 12 Vict. VICE-CHANCELLOR KINDERSLEY'S COURT.
C. 45, s. 57)
282 By C. MARETT, Barrister at Law.
Moffatt v. Lawrie.-(Construction of contract-Gra. Coombs v. Mansfield.—(Ship registry-Fraud).... 270
283 Vice-CHANCELLOR STUART'S COURT.
COURT OF ExchEQUER.
By W. M. Best, Barrister at Law.
Ross v. Green.-(Time for declaring-Security for trust-Fraud - Charity - Mortmain -Parol evi.
costs-Undertaking to appear--Reg. Gen., H. T., dence)
2 Will. 4, r. 35-15 & 16 Vict. c. 76, s. 58– Vice-CHANCELLOR Wood's COURT.
Reg. Gen., H. T., 1853, r. 1)
285 By MATTHEW B. BEGBIE, Barrister at Law.
Hearn v. The London and South-western Railway ComBartlett v. Salmon.-(Fraud- Delivery up of instru
pany.- (Common carrier-11 Geo. 4 & 1 Will. 4, ment to be cancelled) 277 c. 68-Loss of articles)
undone. On the door being opened, the boys saw
that the prisoner's throat was cut, and the blood runLONDON, MARCH 31, 1855.
ning down her neck from the wound. The lifeless
body of the mistress of the house was then found lying It must be admitted by the warmest advocate for upon the threshold of her own bed-room. She was trial by jury, that decisions sometimes emanate from dressed, with the exception of her gown. It was the jury-box of so extraordinary a nature as to create proved that her death, which in all probability had reasonable doubts whether we are right in our mode been instantaneous, was caused by repeated blows on of selecting those who fill it, and quiring unanimity the head from some blunt instrument. The face had in their finding. Among them are doubtless the igno- been washed, and was still wet with blood-stained rant, the prejudiced, the obstinate, and those also of water. Although the body was found upstairs, yet, “ little learning," who, having once made up their upon a minute examination of the premises, it was aninds to a certain view of a subject, will adhere to apparent that the murder had been committed in that view in spite of every consideration that may be the lower part of the house, for in the cellar a large presented to them. That such elements in the jury- quantity of blood was found, and near it a chopper box may produce incalculable mischief we think is or hatchet used for cutting wood, stained with blood, illustrated by the case of Elizabeth Avis Law, who and having upon it some of the gray hair of the was tried for murder before Platt, B., at the recent deceased. Blood was traced from the cellar to the assizes held at Maidstone. The main features of this privy, and there the dress, the shawl, and some false case were as follows:-A Mrs. Bacon, an elderly lady, hair which the deceased had usually worn, were had for some years occupied a house at Chatham, and found, all of them saturated with blood. In the the only person living with her on the 29th January cellar there were found a pail containing some bloody last, the day on which the murder was committed, was water, a tea-kettle, and also a flannel discoloured with the prisoner, a girl of twenty, who had been in Mrs. blood. In the kitchen, which presented no appearance Bacon's service for two or three months. On the day of any struggle, there was a pool of blood near the referred to, at ten minutes past eight in the morning, dresser, upon which was lying a bloody knife. There a woman who supplied Mrs. Bacon with milk knocked was also a mark of blood on the dresser, as if made by at the front door, which was answered by the prisoner, a finger, and the pool of blood was near enough to it to and nothing peculiar was then remarked in her manner admit of a person bleeding there, and putting the knife or appearance. It was proved that the front door at where it was found. In the prisoner's bed-room a night was fastened by a lock and chain, but in the day- dress which she usually wore in the morning was also time..it was usual to leave it on the latch. At a quar- found stained with blood, and a bunch of keys belongter past nine two boys had gone to the door, and after ing to the deceased, which she usually carried about knocking and ringing some five minutes, the prisoner with her, and which would enable the prisoner to obwas heard coming towards the door, and something tain access to the boxes in which the deceased usually was then heard to slide back, as if a bolt was being kept the cash she had in the house, which amounted at the time to 1001. Upon the prisoner's wound In Reg. v. Butcher, tried at Bury, (March 21), for being dressed, a piece of paper, marked with blood, perjury in the Suffolk County Court, it appeared that dropped from her bosom, and was found to contain the summons under which the cause was tried professed a ring and brooch belonging to the deceased. The sect. 60 of stat. 9 & 10 Vict. c. 95, but that the practice
to be issued “ by leave" of the county court judge, under purse of the deceased, containing money, was disco- in that court was not to require the parties to make a vered in a tub of sand in the cellar, the purse and money specific application to the judge, but to obtain the leave being both marked with blood. It was shewn that from a clerk of the court on production to him of an the body of the deceased was so extremely light that affidavit embodying the requisites for such a proceedit could be easily lifted, and that the prisoner was pos- ing. It was objected that there was no jurisdiction in sessed of considerable strength. The prisoner had stated, of the summons in such a case was a judicial act, which
the county court judge to hear the cause, as the issue immediately after the occurrence, that two men had could not be delegated. It became unnecessary to dedone the deed; and subsequently, in a detailed state- cide the point, but we should think there is little doubt ment, she had described the men as dustmen, who had of the objection being well founded. entered the house by the front door upon her answering In Snead and Others v. The Shrewsbury and Hereford their knock; one of them, she stated, attacked her Railway Company, tried at Hereford, (March 26 and 27), mistress, who ran into the cellar, and the other seized which was an action against the railway company for a her, and after attempting to take liberties with her, had breach of contract in not carrying the cattle of the
plaintiffs from Leominster to Stamford in time for the cut her throat to stop her screaming. She accounted fair there, Lord Campbell, C. J., directed the jary, for the possession of the ring and brooch by saying that if there was a verbal contract by the stationthat in her fright she had taken them off the mantel- master at Leominster with the plaintiffs, that their piece lest the men should take them. Medical men cattle should reach Stamford in time for the fair, that gave it as their opinion, that when the alarm was first contract would be binding on the company, and would raised the murdered woman had been dead some time, station-master, of which the plaintiff's knew nothing.
not be affected by any limitation of the authority of the whilst the wound in the prisoner's throat was recently Also that a contract made by the station-master was inflicted. The partition walls were so thin that a not affected by a notice on the back of the ticket or restruggle or scream, it was deposed, must have been ceipt delivered to the plaintiffs' servant after the conheard by the neighbours. No men of the description tract had been made and the cattle loaded on the trucks,
which notice contained the following clause :—“The given by the prisoner had been seen in or near the place.
company is not to be held responsible for carriage or And, lastly, the prisoner had been plundering her delivery within any certain or definite time, or in time mistress for some time previously; nothing whatever for any particular market.”. And further, that the being missed from the house but such articles as were notice was of no effect in this case, because a useful proved to have been pawned by the prisoner previously section, introduced into stat. 17 & 18 Vict. c. 31, by the to the murder. Thus was the case supported by as
Earl of Derby, enacted, that unless such a notice was perfect a chain of circumstantial evidence as we ven- be binding. The jury found a verdict for the defend
signed by the party receiving the ticket, it should not tore to say was ever presented to a jury. Motive, op- ants, on the ground that the contract was not proved. portunity, and means were all supplied. Every fact proved tended to exclude the possibility of any other
SHORT NOTES IN CONVEYANCING.-No. I. hand having perpetrated the offence. Her statement was utterly irreconcileable with the facts proved. The verdict was, “ We do not find the prisoner guilty upon
Deeds of Separation. the evidence produced.” Upon that jury, it is stated An agreement by husband and wife to live separate by the local journals, was a staunch advocate for the and apart from each other is against the policy of the abolition of the punishment of death, who had declared (Lord Langdale in Frampton v. Frampton, 4 Beav.
law, and will not be executed by a Court of equity; that should he happen to be upon the jury he would 293); and the reason that this rule has been adopted is, not consent to a verdict which would consign the mure that a man and his wife cannot live in a state of sepaderess to the scaffold, let the evidence be what it might. ration from each other without some failure on the Thus, we fear, justice was defeated, and another added part of one or both in the performance of duties in the to the list of those instances in which jurymen cannot Knight Bruce, L. J., in Cartwright v. Cartwright, 3 De
fulfilment of which society has an interest. (Sir J. L. be brought to confine themselves to their own pro- G., Mac., & G. 989). It has, however, been held, that vince, or prevented from considering the effect of their engagements entered into between the husband and a verdict. Can this be provided for? and if so, by what third party shall be held valid and binding, although means ? are important questions, which arise from the they originate out of and relate to that unauthorised perusal of cases such as the above, and which we hope state of separation in which the husband and wife have to discuss in a future number.
endeavoured to place themselves. (Sir W. Grant in Worrall v.
Jacob, 3 Mer. 268). The principle which
alone seems to be safely deducible from the authorities NOTES OF THE WEEK.
is, that when a husband has by his deed acknowledged
that his wife has a just cause of separation from him, In the case of Reg. v. Downes, which was a charge of and has covenanted with her natural friends to allow perjury committed in the county court, and tried at her a maintenance during separation on being relieved Shrewsbury, (March 22), Lord Campbell, C. J., con- from liability to her debts, he shall not be allowed to demned the practice of subpænaing in such cases the impeach the validity of that covenant. (Lord Denman county court judge to prove the evidence given before in Jones v. Waite, 5 Bing. N. C. 363). him, and suggested that it should in future be proved A covenant by a trustee to indemnify the husband by the attorney or some other party who was present against the debts which the wife might contract after at the trial of the cause.
a separation is a valuable consideration. (Stephens v. Olive, 2 Bro. C.C., by Belt, 91). But such a cove. one providing for a future separation ? one against the nant is not the only consideration that will support policy of the law, and which would be an inducement articles of separation; a covenant to put an end to a to the wife to force a separation, in order to get the suit against the husband in the ecclesiastical court, provision made by it? It is so far from that, that it or to pay him an annuity, (Wilson v. Wilson, 14 provides she is to have the annuity at all events, and at Sim. 405), or to pay his debts, is sufficient; and once, and therefore should have a contrary effect; for where there is a covenant by a third person to in- having this provision while she lives with her husband, demnify the husband against the debts of the wife, a and is maintained by him, and only the same provision Court of equity will enforce the husband's covenant if she leaves him and has to support herself, she must for the payment of an annuity to the wife. (Sir J. be a loser by leaving him. It would, indeed, proLeach, M. R., in Logan v. Birkett, 1 My. & K. 225). bably be adequate enough for her maintenance, conIn the case of a wife being absolutely entitled to pro- sidering the rank in life of the parties. In this view perty for her sole and separate use, she covenanted to the motives suggested and the recitals are all against pay an annuity to the husband, and the release by the the case contended for, and are not within the authohusband of his marital right in the future acquired rities referred to." His Lordship then commented on property of the wife was held to be a good consideration | Lord Rodney v. Chambers, (2 East, 283); Nicholls v, from the husband to support the claim to the annuity. Danvers, (2 Vern. 671); Wilson v. Mushett, (3 B. & Ad. (Logan v. Birkett, 1 My. & K. 225). But an agree- 743); Frampton v. Frampton, (4 Beav. 287); and Jodment by a wife to waive the further prosecution of an rell v. Jodrell, (9 Beav. 45); and having finished his indictment against her husband for an assault, in con- review of the authorities, continued Looking, then, sideration of his allowing her an annuity by way of at this deed, and seeing that it provides for a present separate maintenance, is an illegal contract. (Garth v. arrangement—the payment to be made at once, and not Earnshaw, 3 Y. & C. 584). Lastly, it has been recently depending on the contingency of the wife leaving the decided by Sir J. Romilly, M. R., that where a hus- husband--and being thus so far unobjectionable, I do band has covenanted with a trustee that his wife during not think that the recital of the motives of the parties her life inight live separate from him, that he would for executing it can invalidate it. That but makes it not sue her in the ecclesiastical court for living sepa- a voluntary deed; and it is good as a voluntary deed, rate, and would not otherwise molest her, the trustee although it may contain clauses which the Court would covenanting with the husband to maintain the wife not enforce, and which might affect it if the deed deand indemnify the husband, the Court will restrain by pended on them.” injunction the husband from infringing his covenant. Deeds of separation are subject to the stamp duty of (Sanders v. Rodney, 16 Beav. 207),
358. as deeds not otherwise charged, and to the ordinary All provisions which have reference to future sepa- progressive duty. If, however, by a separation deed a rations are against the policy of the law. Any instru- definite sum of money or share of stock be settled, it ment which provides for a present separation, and which becomes further liable to ad valorem duty as “ a settleprospectively looks to the parties living together again, ment.” and then to a future separation, will, so far as it provides for that future separation, never be carried into effect. (Lord Eldon in Westmeath v. Westmeath, cited
Brbiew. by Sir G. J. Turner, L. J., in Cartwright v. Cartwright, 3 De G., Mac., & G. 991). Where "certain rights in A Letter to the Lord Chancellor on the contemplated property had been conferred by an ante-nuptial settlement on the intended husband and the intended wife,
Transfer of Land by Register. By JOSEPH GOODEVE, in the event of the marriage taking place, subject to a
Esq., of Lincoln's-inn, Barrister at Law. 800., pp. 71. proviso for materially varying those rights in a manner
[Benning.] favourable to the husband if a separation by reason of MR. GOODEVE's remarks are directed against the any disagreement or otherwise should take place, such proposed register of titles, which in its most perfect a proviso was declared by Sir J.L. Knight Bruce, L.J., form has been frequently discussed in these pages as against public policy, and therefore void. (Cartwright Mr. Wilson's plan. The substance of his objections v. Cartwright, 3 De G., Mac., & G. 989). But though may be very briefly stated; and we, as advocates for a deed providing for a prospective separation is invalid, Mr. Wilson's plan, propose to subjoin to each objecand, a separation being terminated by a reconciliation, tion such answers as may suggest themselves. It will a clause to revive the provision for the wife is invalid, readily be supposed that Mr. Goodeve's argument looks yet a provision for her separate use, notwithstanding much better in his own statement than in our abridg; future reconciliations or separations, is good. (Byrne ment; but we will endeavour to state all the material v. Carer, 13 Ir. Eq. Rep. 1).
points fairly. The test which the Court applies to deeds of this The scheme is recommended to the landowner as kind is thus stated by the present Chancellor of Ire- tending to economy and facility in dealing with land, land in his elaborate judgment in Byrne v. Carew, (13 and security. Its working must be considered in relaIr. Eq. Rep. 1). In that case a deed recited differences tion to every kind of dealing
with land, and not merely between a husband and wife, and an agreement to exe- to sales, which have been almost exclusively regarded cute it in order to secure a maintenance for the wife in the discussion of the question. Land is held either in case such differences were renewed, and she should in absolute ownership, or in mortmain or settlement thereafter wish to live separate ; and as an encourage- more or less strict. The largest portion of the landment and recompense for her care of their children and probably two-thirds—is in settlement or mortmain. domestic affairs while they should live together, and in Property in mortmain is so seldom alienated as to be order to secure an annuity to her in case of separation, almost beyond the scope of the measure.
The most and as a reward for her services so long as they should usual transfers of settled property are not sales, but live together, the husband assigned certain property to settlements. The bulk of the settled estates rarely trustees to secure the annuity for the wife's separate becomes subject to any other dealing with strangers use, to commence immediately, and be payable during than a lease or a mortgage.
“ The questions for disher life. The deed contained a covenant by the husband cussion have been suggested above, as relating to both to allow the wife, at her option, to live separate, and a cost and facility of dealing. Making allowance for those covenant by the trustees to indemnify nim during
the sudden or urgent occasions of sale which brook no delay, period of separation. “Is the deed,” said his Lordship, the question
does in the main practically resolve itself
into but one question-the question of cost;" and the the numerous suits for specific performance must be question of delay is only noticeable for the sake of included in the account against the existing state of theoretical accuracy. [Ans. This is the old objection things.] to change - that things are very well as they are. Now for the costs of the register. There are thirtyUnder the present system it is almost impossible to seven millions of acres to be mapped in such a manner realise money by the sale of an estate within three as to represent every subdivision of ownership, and months from the time of resolving to sell; and the enable the definition of every easement and right against process not unfrequently takes as many years-cer- the soil. The expense and time necessary to do this, tainly not with the good will of the vendor. Nothing, if practicable at all, would be enormous. The original is more common than for the investigation of the map would cost from 1,250,0001. to 2,000,0001., and it title to be made an excuse for delay by a purchaser must be perpetually revised at a great expense.' Then whose money is not conveniently forthcoming. Even there would be the cost to the parties of the prelimi& mortgage, when both parties are equally urgent, nary inquiries, and disputes incident to getting the generally requires several weeks for its completion. land on the register. [The truth must be our excuse Under the register the interval between the making of for saying that this is a ridiculous exaggeration. The the bargain and completion need not be two hours & expense of making an original survey and map of matter, surely, of importance in a mercantile country.] England and Wales for the purposes of registration
The title of a settlor is not often investigated as would be under an average of 6d. per acre, or 927,0001. ppon a sale; and in cases of settlements the cost is for the whole. But there are now in existence, under merely that of the limited investigation necessary to the Ordnance and Tithe Commutation Surveys, maps ascertain the position of the settlor, and the cost of of more than five-sixths of the country, sufficient for the instrument of conveyance. Both of these causes the purposes of a register office. It is a mistake to of expense will continue to exist under the register. suppose that a Government map, defining the boundaThere must be an investigation of the title behind the ries of each separate ownership, would be necessary, or scenes, and there must be a deed of settlement to be that the map would ever require revision on the part kept behind the scenes. In the case of settlement, of the Government. All that is wanted for the purtherefore, the registration will be an addition to the ex- poses of registration is a map containing sufficient depense, just as at present the cost of a settlement of copy- tails to enable the registrar to convert it into an index holds is increased by the customary assurances which to each separate holding. The exact boundaries and are superadded to, and not substituted for, the deed of details of the separate estate would be given on the map settlement. [Ans. The necessary additional expense supplied by the parties applying to have their convey, of registration will be under 21., and it may be made ance registered. Thus there would be in the general much less in small transactions. Beyond the trouble office, first, a general map of England and Wales, and cost of the simple exchange of certificates, the being the index map to the Ordnance survey; secondly, register can never add either complication or expense to the Ordnance maps, serving as an index to the district any transaction; but it will frequently facilitate mat- maps; thirdly, the district maps, serving as indexes ters even of settlement. For instance, an appointment to the different titles—the absolute accuracy of these of new trustees might be made by a simple letter or would be a matter of no moment at all; fourthly, the memorandum signed by the donee of the power, and separate plans of each estate contained in the certificates a transfer on the register. Again: all the provisions of title the accuracy of these would be of no more inserted in settlements for the assurance of purchasers importance than is the accuracy of a plan on a conveywill be dispensed with, and the settlement will be a ance at present. The question would always be, “Is mere brief statement of the interests of the parties and the property sufficiently identified ?" The registration the duties of the trustees.]
of a conveyance would not alter its nature it would Next as to sales. In many cases mortgages or con- still be a conveyance, and nothing more, and its operaveyances of small portions of large estates are taken tion would still be determined by the ordinary rules of upon credit, without much investigation, the title being construction. Many copies of the district or index generally known or believed to be good, and in other map would be kept in the office; the different estates, as cases the range of the purchaser's inquiries is usually they came in to be registered, would be marked down on limited by special conditions, framed on a preliminary one or more of them; and as new assurances came in, investigation of the title on the vendor's behalf. “To subdividing or uniting former holdings, the proper be sure, there is a certain amount of cost involved in alterations would be made in the index map, but no this preliminary investigation, but it is of compara- new Government survey would be made. Thus, with “tively limited extent, being confined to the prepara- the exception of the survey necessary to supply any
tion of the abstract, (if, indeed, an abstract do not, deficiencies in the existing maps, no Government sur“either in whole or in greater part, already exist), and vey would be necessary at all, and the burthen upon the fees paid to counsel for its examination, with the individuals would be simply the necessity of applying
preparation of the requisite conditions.” It must be to the Tithe-office for a map on which to point out the admitted, however, that, “ as a general rule, and espe- property to be registered; or if that could not be pro
cially in large transactions, the cost of this prelimi- cured, and no private map were at hand, of having a *nary investigation is a great charge upon every occa- survey made at the cost of about 1s. an acre. The sion of sale.” [This last remark excuses us from benefit would be the substitution of the accuracy of answering those which precede it. We believe that a map for the vagueness of verbal description. Mr. the total expense to vendor and purchaser occasioned Goodeve's anticipation of expensive inquiries and disby the necessity of investigating the history of the putes incident to getting the land on the register is a title is, on an average, from 41. to 8l. per cent. on the dream: no inquiries will be made and no disputes can amount of the purchase money—that is to say, from arise; every one will be free to register any title he eight to sixteen times the ad valorem stamp duty. pleases. If two conflicting titles are registered, a certiBut to state the average is to understate the evil. The ficate of that last registered, and the office index to each, iniquity of the burthen is in its inequality. We have will convey notice of the other.] known the cost of a sale exceed one-third of the pur- When all is done, the necessity of investigation will, chase money. A case is on record in which the pur- for a period of forty or sixty years from the establishchaser waived a requisition, which involved an expense ment of the register, remain as before. [This is no more exceeding the purchase money, on condition of having than saying, when an acorn is sown, that it will be fifty the estate conveyed to him for nothing. The costs of years before it is well grown. In the meantime, however, there will be certain thinnings. We need not cent. of the value of the estate on each sale or mortstate the writer's objections to a system of judicial in- gage.] vestigation and warranty of title, because that scheme Even granting a balance of gain, are there no drawdoes not come recommended with any weight of autho. backs ? The change is not called for on the ground of rity or argument.]
any insecurity attending the present system; and the În case of the death of a sole registered owner, the uncertainty and consequent insecurity involved in any facts of death, and testacy or intestacy, and in the organic change in the system of title to property are a latter case the title of the heir, and in the former the sound and weighty objection to it. Primâ facie, the construction and validity of the gift under which the separation of the apparent from the real ownership devisee claims, must be ascertained judicially-either by appears to involve risk. The history of settlements of the registrar or by an ordinary Court-unless, indeed, stock shews the danger. The security which now atthe executor or administrator be constituted a real re- ; tends settled estates, though subject to powers of sale, presentative. Cases of lunacy, absence beyond seas, will disappear when the consent of beneficiaries, the bankruptcy, and insolvency would require special pro- publicity of auctions, the intervention of solicitors, and cedure. [There must undoubtedly be provision for the delay of investigating the title are no longer necesexecutors or administrators real. We are unable to sary. [Two instances of fraud are given, the relevancy see how the difficulties now occasioned by lunacy, ab of which we do not perceive.] Forgery is another sence beyond seas, &c. will be increased by a registry source of danger. Caveats may miscarry. There must of title. We understand how they may be diminished be either a separate caveat for each interest, (which by it in many cases.]
would often be neglected), or a general careat for the To the cost of the map and establishment of claim whole settlement, which is contrary to the principle of in the first instance (estimated at from 3,000,0001. to the measure. [Vague suggestions of danger are unan4,000,0001.!) must be added that of the decennial revision swerable. Mr. Wilson has shewn how forgery may be of the map, and that of the buildings and staff which effectually guarded against. Caveats are not inore must be established in various districts.
liable to failure than conveyances, and they are not Unregistered interests will not be protected by con- likely to be very numerous.
Settled lands will geneveying notice to those who deal with the registered rally be intrusted, as they now are, to trustees. If these owner. Their protection will be provided for by are intended to be inalienable before the settlement caveats. The removal of these caveats will involve ceases, they may be made so by lodging a distringas, to expense and difficulties. Either the registrar must be removed on proof of the applicant's title before the have judicial authority, or subsequent purchasers must registrar or a judge. be left to ascertain that the caveat has been removed The system must be compulsory: every estate in the by proper authority. [l'his is a mistake. The in- kingdom must be surveyed and put upon the register: stances of caveats for the protection of mortgagees and not a lease could be granted without resort to the relessees given by Mr. Goodeve shew that he, in common gistered owner. Suppose he is not forthcoming when with all the other objectors to Mr. Wilson's plan that wanted? Why compel the beneficial owner to resort we have yet met with, has not even taken the trouble to his trustee on every occasion ? Will trustees always to read Mr. Wilson's explanation of it.] Caveats would be found? [Trustees will be neither more nor less be lodged on every dealing with the estate not requiring numerous under the proposed than under the existing a transfer on the register. The result would be cost system, and the difficulties occasioned by the separation in placing and removing the caveats, and trouble and of the legal and beneficial dominion will be the same. cost in investigating a title complicated with caveats. The tenant for life, with a leasing power, may take a (Caveats would never be lodged where there was confi- power of attorney from his trustees.] dence in the registered trustees. Mortgages and leases
Mr. Goodeve is a practical man, has had much expewould appear on the register. Any person would be at rience, and is plainly very anxious to make out a case liberty to lodge a caveat; this would entitle him to against the proposed register. If the worst he can notice of any dealing by the registered owner, and substantiate against it is, that it will not benefit certain during a short time from the service of that notice he large landowners, but rather add a few shillings to the would have the opportunity of establishing his title expense of the settlement, the advocates of the meaagainst a purchaser. A person lodging a caveat, and sure may be well satisfied with Mr. Goodeve's letter. satisfying the registrar of his title, would be entitled to “full notice," which would give him a period of
THE LAW OF BLOCKADE, several years within which to establish his right. The title under the caveat would be represented by a certificate, and be dealt with in all respects as a registered
(Concluded from p. 78). title. The removal of the caveat would therefore not “ The treaty of Ghent, concluded in 1814, established involve any inquiry or delay.]
peace between Great Britain and America; but it is Next as to the cost of the transfer. The only case worthy of remark, that in that treaty no allusion is in which the transfer would be simple and inexpensive made to the maxim, so firmly maintained by the is the case of an absolute sale by an absolute owner; in United States, that free ship makes free goods' nor other cases an auxiliary deed will be required. It is did it allude to the disputed right of search for British conceded that the expense of covenants for the produc- seamen on board American vessels. tion of title deeds would be saved in many cases; but
“ General peace was established throughout Europe these are not the most usual cases; and against the ex- in 1815; but the several treaties consequent thereon pense of getting in outstanding estates under the pre- concluded between the different Governments of Europe sent system must be set off the expense of getting in do not contain any new provisions or arrangements the registered title when that is not the beneficial one. with respect to maritime commerce, nor do any of them As to the actual instrument of conveyance, the length revive any such conditions as might have been annulled and cost of that under the present system is frequently or suspended by treaties or active hostilities. Thus an abuse rather than a necessity. The scheme should England was left to carry out in any future war her be considered with reference, not to a simple sale ex- former recognised principles of international maritime clusively, but to all the various dealings to which land law with as much rigour or stringency as she had is subject. [The additional expense occasioned by the hitherto done, or to relax or abandon them, as best register need not exceed 11.; the saving on sales and suited her feelings, her policy, or her interest. mortgages would ultimately be from four to ten per “ This brief historical sketch brings me to the Orders