Observations on the Second Report of the Commissioners Appointed to Enquire Into the Law of Real Property

Front Cover
Saunders and Benning, 1831 - Land titles - 40 pages
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Other editions - View all

Common terms and phrases

Popular passages

Page 8 - ... how it may be safely amended. We know by experience, that a regulation which on a slight view appears inexpedient, may be found upon a further examination to be judiciously framed to meet mischiefs which are not perceived, because it represses them. Even a rule of Law, on principle essentially wrong, often cannot safely be altered without much caution; for useful expedients have probably been resorted to by Courts of Justice to evade or to soften it, and these may be the foundation of a train...
Page 13 - ... will not disarm a purchaser, but assist him ; and precedents of this nature are very ancient and numerous, viz. where the court hath refused to give any assistance against a purchaser, either to an heir, or to a vendor, or to the fatherless, or to creditors, or even to one purchaser against another (z').
Page 41 - Picts drove them to the sea, and the sea threw them back upon the Picts, were light compared with what ours would then be.
Page 10 - ... practice, do not, in ALL PROBABILITY, exceed 1,000;* a contrast of figures which clearly evinces the impolicy of allowing a possible, but very improbable occurrence to influence the resolves of the legislature, when the subject shall come under discussion. The investigation made by the commissioners, indeed, reminds one of Don Quixote's battles with the giants, whom his diseased imagination constantly conjured up. They have displayed an universal — I might almost say a morbid — apprehension...
Page 10 - The Second Report of the Commissioners commences with an elaborate statement of the numerous evils attendant upon the present system of conveyancing. But it is very perceptible, from the document itself, and from the evidence attached to it, that an exaggerated importance has been assigned to that which a General Registry -is more particularly intended to cure. The annual number of transactions concerning Real Property is estimated at eighty thousand ; but the aggregate instances of the suppression...
Page 40 - Monasteries, and that, in consequence, confidence was never restored. What if, at some future period, some Northern Autocrat, lusting after territory, and ambitious of conquest, should, by the fortune of war, and the dispensation of an All-wise Providence, be placed in the situation of the Norman, surrounded by the same temptations, and influenced by the same disposition to reward the services of his followers ? What...
Page 16 - Commissioners, is, that the costs, even now bearing heavily,—too heavily, indeed,— upon small proprietors, would be so greatly increased, as to be not only fraught with oppression and injustice to those who have to defray them, but would be so pregnant with injury to the general interests of the public, by...
Page 10 - ... but it is very perceptible, from the document itself and from the evidence attached to it, that an exaggerated importance has been assigned to that which a general registry is more particularly intended to cure. The annual number of transactions concerning real property is estimated at 80,000, hilt the aggregate instances of the suppression of deeds, within the collective experience of the profession, in the course of twenty years...
Page 11 - ... discussion. The investigation made by the commissioners, indeed, reminds one of Don Quixote's battles with the giants, whom his diseased imagination constantly conjured up. They have displayed an universal — I might almost say a morbid — apprehension of fraud, which the small portion of dishonesty actually existing is far from warranting. Yet, to defend us against this bugbear, the complicated and cumbersome machinery, which the ingenuity of the commissioners has devised, is sought to be...
Page 15 - It is impossible, indeed, to calculate, with any thing like precision, the expenditure which would be occasioned under the above heads. The presumption, however, is, that the establishment of a Metropolitan Register Office would impose upon the transfer of any Estate or Interest, however small, a charge of not less than 6. or 8., at the lowest estimate; and in purchases or mortgages of great importance much...

Bibliographic information