488 The Property Lawyer, No. XXVIII. DOUBTS ON THE DOWER ACT CONTINUED. Sir, Sir, INVESTIGATION OF TITLES. The remarks of other correspondents have I think it rather hard, that after having elicited, that until June 1835 the length of ab"curtailed me of my fair proportions," and ad-stracts will continue as usual, and that after that time the period of forty years will be substituted for that of sixty; but that in such cases in which it is now necessary to go further back than sixty years for the commencement of a title, it will in like manner be necessary, after June 1835, to go further back than forty years, monished me not to "bestow any more of my tediousness upon you," you should give insertion to a charge that I had "stolen the learned lecturer's thunder." If F. W. will turn to the Legal Observer for November 9th, Vol. 7. p. 32, he will find acknowledged the receipt of my letter, which was inserted at p. 45, (November 16th,) and which refers to a former letter on the same subject subsequently inserted at p. 80. (November 30th,) whereas, the notice of Mr. Wilde's lecture was not inserted till November 23d, p. 63. When that lecture was delivered I do not know. I did not hear it, nor did it come to my knowledge until Í saw it noticed in your pages. Although gra tified to find from your work, that I was of the better opinion"in Westminster Hall," I certainly had no knowledge of that opinion until you mentioned it: Having said thus much in my own defence, perhaps you will permit me shortly to answer F. W.'s three questions, referring him to my three former letters. 1st. I adopt F. W.'s reading but what then? My point is, that there is something in the "subject" treated on, to wit, Dower, supposing that subject to be treated on in the 77th section of the Fines and Recoveries Act, repugnant to the construction of the word "Estate" contended for; in other words, that the insertion of the different meanings raises the repugnancy, which at once obliterates those different meanings. The point to which I now wish to invite attention is this: what alteration does the new act make in the investigation of that part of the title, shewn by the abstract, which is anterior to twenty years? The great difficulties which arise in convey ancing practice are not so often connected with the question, whether the vendor is liable or not to be deprived of his estate by a real action, as with a variety of minor questions, equitable as well as legal, the effect and importance of which are uncertain, and which lead to troublesome and expensive enquiries, particularly where they arise in the early part of the provide for the removal of these difficulties? title. Now to what extent does the new act For instance, let us suppose a vendor to deliver an abstract shewing a title of sufficient length, and to evidence the last twenty-years of that title with all the particularity which the ingenuity of the purchaser's counsel shall res quire. Let us suppose also that the early deeds do not disclose any one of the cases in which a remedy is reserved by the act to be exercised after twenty years. Can an unwilling purchaser require the vendor to do more? If the yes," as regards the sub-early title discloses legacies charged on the estate, or an equity of redemption not released, will it be sufficient to say, in answer to objec tions on these grounds, that by the act such equitable rights are extinguished, no interest appearing to have been paid, and no acknowledgment made to the mortgagor? Again, if 2nd, I answer 66 ject matter of every clause in both acts which relates to Dower; that is, supposing any clause in the Fines and Recoveries Act to relate to Dower, which is what I deny. I do not we are tormented for evidence that a trustee, whose executor assigned a term more than twenty years ago, survived his co-trustee, in whom the term had been previously vested jointly with himself, and that his will was duly proved, may we answer conclusively that the evidence is rendered unnecessary? May we refuse to produce the title to lands given in exchange more than twenty years ago, and to obtain covenants for production, and attested copies, of the title deeds to such exchanged 3rd, I do not think "the question is narrowed to one of no practical importance." If there be " repugnance," the necessary consequence of it is, that there is no enactment in the Fines and Recoveries Act regarding Dower; and as the Dower Act does not enable parties to bar the dower of women married on or before the 1st. of January last, what is to be done" practically" in such cases? say there is anything repugnant either in the "mode of accomplishing the thing," or in the "thing to be accomplished;" the repugnance appears to me to be in "the one thing needful in order to accomplish the thing;" viz. the obIn short, may a vendor insist that his title is taining, or not, the consent of the wife; and 1 cannot conceive two enactments more in "op-comprised substantially in the last twentyposition" to one another than that the consent years of the abstract, and that the carlier abof the wife shall be necessary, and that the con- stract is furnished only to shew in a general sent of the wife shall not be necessary. In con- way, that the purchaser will not be in danger of clusion, I am quite ready to admit the utter in- a real action by a party under disability, or utility of the Fines and Recoveries Act, except whose right is reserved to him by the act? or to the conveyancers and to the large landed will the crotchets of conveyancers be still approprietors, whom it will save the payment of plicable to the whole of the abstract, notwiththe King's Fine on alienation at every tre fresh standing the new limitation of twenty-years? Explanation on these practical points will oblige, A SUBSCRIBER. settlement of their estates. lands? The Property Lawyer.- New Bills in Parliament. BEDUCTION OF TITLE.—STATUTE LIMITATION, 3 & 4 W. 4. c. 27. 489 it may be answered that that statute extends to all persons and corporations whether spiritual or temporal, and provides no more for spiritual corporations sole, than for such as are aggregate. It does not however appear to me that the statute last mentioned includes tithes in the sense in which that word is used in the Limitation Act, where it means tithes when no dispute exists as to their lawful payability, but applies to those cases only in which they are received adversely, and not to claims of modus or exemption, which are expressly provided for by the Modus Act. If then moduses and compositions belonging to spiritual or eleemosynary corporations sole be excepted out of the Limitation Act, for the reasons before suggested, it may be safely inferred that moduses and compositions belonging to similar corporations aggregate, are comprised in that act, and that consequently as to them the 3 and 4 W.4, c. 27, is a virtual repeal of the 2 and 3 W. 4, c. 100. It seems clear that abstracts of title must continue to shew a sixty years title at least, that the purchaser may see that no reversion, or legal disability, descent cast, discontinuance, or warranty (being exceptions to the general rule in § 2) affects the title, (for a reversioner has a right of entry within twenty years after his reversion falls into possession, § 5). Now I put this case. A., in 1760, sells and conveys to B. in fee. In 1800, C. (as only son and heir of B. who leaves no other child, but leaves one brother,) sells and conveys to D., who, in 1836, shall contract to sell to E. There is no fraud in any party. Upon inquiry it shall be discovered that B.'s marriage was void, and his son illegitimate. D., from 1800, has had possession, adverse to B.'s brother, depriving him of his right of entry. I contend, that the only object of deducing a sixty years' title is, to shew the purchaser that the A question then arises as to tithes betitle is not subject to any of the exceptions to longing to spiritual or eleemosynary corporathe general rule established by the 2d section tions sole which are exempted from the operof the act; viz. " that no person shall make anation of the Limitation Act. If this exemption entry, or bring an action, but within twenty was made on the ground that such tithes were years next after his right shall have first previously provided for by the Modus Act, accrued;" and that the illegitimacy of the son then, as that statute also extended to all coris, under this act, no valid objection to the porations aggregate, it is to be inferred that as title; for the brother is deprived of his entry to them, the Limitation Act is a virtual repeal and action (§ 2), and his right is by the statute of the Modus Act, and therefore that tithes extinguished (§ 34). Is not this so? belonging to spiritual and eleemosynary corporations aggregate, are included in the opera If such be tion of the 3 and 4 W. 4, c. 27. not the case, tithes belonging to spiritual and eleemosynary corporations sole remain as before the passing of these statutes; i. e. without any limitation whatever as to their recovery. 66 "Psede" (p. 328) is manifestly in error, in supposing "forty years' uninterrupted posses sion" will, under this statute, bar all claim. He has overlooked the right of the reversioner under § 5. Sir, TITHES. I. O. U. The statute 2 and 3 W. 4, c. 100, relates to moduses and compositions, and to claims of exemption from tithes, by which statute all corporations and persons are bound. By the subsequent statute of 3 and 4 W. 4, c. 27. The word "Land" is in that act to include "Tithes" other than tithes belonging to a spiritual or eleemosynary corporation sole. And the word "Rent" is to include all periodical sums of money charged on or payable out of any land, except moduses or compositions belonging to a spiritual or eleemosynary corporation sole. Hence it is to be inferred that the statute 2 and 3 W. 4, c. 100, is virtually repealed, except in so far as it relates to the persons and things excepted out of the 3 and 4 W. 4, c. 27. If such be not the case, these statutes are to me inexplicable. If it should be asserted that tithes, moduses, and compositions belonging to spiritual and eleemosynary corporations sole are exempted from the operation of the Limitation Act, because they were provided for by the Modus Act, I trust through the medium of your valuable work, that the correctness or incorrectness of the above observations may be pointed out and remarked on by some of your intelligent correspondents. A. B. C. NEW BILLS IN PARLIAMENT. PARISH APPRENTICES. The bill now before the House of Commons "to amend the Laws relating to Parish Apprentices," recites that many grievances have arisen from the compulsory binding of poor children by parish officers to persons unwilling to instruct and provide for them, without the consent and contrary to the wishes of the parents of the children; and that no sufficient protection is given to the children against neTo remedy these glect and ill treatment. evils, it is proposed to be enacted 1. That no parish apprentice is to be bound, I venting the inconvenience arising from such unless the master or mistress shall be a house-interference as aforesaid, it is expedient to holder and rated to the poor. 2. No parish indenture is to be allowed, unless the child has resided in the house of the intended master or mistress for three months. 3. In the case of binding out a parish ap. prentice, a register of the indenture shall be kept by the churchwardens, &c. of the parish binding such apprentice, and also by the churchwardens, &c. of the parish, &c. in which the master shall reside. 4. Churchwardens, &c. to produce register to justices in petty sessions, and make report in writing. Justices may summon apprentice, &c. before them. If master, &c. guilty of misconduct, justices may fine him. allow to the justices of the peace a discretion as to the time of holding their general quarter sessions, which they are now required to hold in the week next after the 31st day of March. It is therefore proposed to be enacted That in every county, riding, or division for which general quarter sessions ought to be held, it shall be lawful for the justices assembled in their general quarter sessions, in the week next after the 28th day of December in every year, to name (if they shall see occasion so to do) two justices of the peace, who shall be empowered, as soon as may be after the time for holding the spring assizes shall be 6. In case of accident, or illness, &c. of appointed, to fix the day for holding the next parish apprentice, master to give notice to general quarter sessions for the peace in such churchwardens. Churchwardens to make in-county, riding, or division, so as such time quiry as to health of apprentice, &c. Penalty for neglect. 5. It churchwardens neglect to make report, &c. justices may impose a fine. 7. Clauses to be inserted in future parish indentures. No parish apprentice to be bound for longer term than till he attains eighteen. 8. Vestry meeting to be held previous to binding out parish apprentices. 9. Mode of proceeding for recovery of fines by information. 10. Fines may be recovered by distress. 11. Application of fines. 12. Form of conviction. 13. Offender may be imprisoned if fine not paid. 14. Appeal to the quarter sessions. SPRING ASSIZES.-QUARTER SESSIONS. shall not be earlier than the 15th day of March nor later than the 15th day of April, and to give notice of the day so fixed by advertisement in such newspapers as shall be directed by the justices so assembled; and in every such case the general quarter sessions held on the day so fixed, and notified, shall be valid; and it shall not be necessary to hold any sessions of the peace for such county, riding, or division in the week next after the 31st day of March, any thing in the said recited act to the contrary notwithstanding. Provided always, that in every county, riding, and division, where no other day shall be fixed in the manner herein before mentioned, the justices of the peace shall hold their general quarter sessions of the peace in the week after the 31st day of March, as by the said recited act they are required. COUNTY REGISTER BILL. THIS is intituled a Bill "For the Public Registering of all Deeds, Conveyances, Wills and other Incumbrances that shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments within the several Counties of England and Wales." This bill, "for preventing the Interference of the Spring Assizes with the April Quarter Sessions," recites the 11 G. 4. and 1 W. 4. c. 70, § 35, by which it is directed, that the justices of the peace in every county, riding, or division for which quarter sessions of the peace ought by law to be held, shall hold their general quarter sessions of the peace (among other times) in the first week after the 28th day of Dec. and in the first week after the 31st day of March; and that in some counties of England and Wales the time usually fixed for holding the spring assizes interferes with the due holding of the It recites the 8 Geo. 2, by which it is enacted, last mentioned quarter sessions; and although (or rather recited) that whereas the lands in the justices of the peace have authority to hold the North Riding of the county of York are general sessions of the peace at other times of generally freehold, which may be so secretly the year besides those specified in the said re-transferred or conveyed from one person to cited act, such sessions are not quarter sessions another and incumbered, that such persons as within the intent of various acts of parliament which give jurisdiction to justices of the peace in their quarter sessions, or in their general quarter sessions; and for the purpose of pre We shall give the more material clauses fully. are ill-disposed have it in their power to commit frauds, and frequently do so, by means whereof several persons, who through many years' industry in their trades and employ ments, and by great frugality, have been en- | 1834, be made and executed, obtained or enabled to purchase lands, or lend money on tered into, shall be adjudged fraudulent and void against any subsequent purchaser or mortland security, have been undone in their pur-gagee, plaintiff or cognizee, for or upon vachases and mortgages by prior and secret con-luable consideration, unless such memorial thereof be registered as by this act is directed veyances and fraudulent incumbrances, and before the registering of the memorial of the not only themselves, but their whole families deed of conveyance, judgment, statute or recognizance, under which such subsequent thereby utterly ruined. purchaser or mortgagee, plaintiff or cognizee shall claim, and that every such devise by will shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee, plaintiff or cognizee for or upon valuable consideration, unless a memorial of such will be registered in such manner as is hereinafter directed. It also recites the 2 & 3 Ann, "For the Public Registering of all Deeds, Conveyances and Wills, that shall be made of any Honors, Manors, Lands, Tenements or Hereditaments within the West Riding of the County of York;" and the 5th Ann, " for Inrolment of Bargains and Sales within the West Riding of the County of York, in the Register Office there lately provided, and for making the said Register more effectual;" and the 6th Ann, "for the Public Registering of all Deeds, Conveyances, Wills, and other Incumbrances that shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments, within the East Riding of the County of York, or the Town and County of the Town of Kingston-upon-Hull, and for the rendering the Register in the West Riding more complete ;" and the 7th Ann, “ for the Publicly Registering of Deeds, Conveyances and Wills, and other Incumbrances, which shall be made of or that may affect any Honors, Manors, Lands, Tenements or Hereditaments within the County of Middlesex.” It is then recited, that these several acts have been found beneficial, and that it is expedient to extend, so far as the same may be applicable, similar benefits to the rest of England and Wales; it is therefore proposed to be enacted as follows: 2. Decrees in equity, creating, transferring, or determining interests in lands, and also decrees in equity, by which any such decree shall be varied or reversed, are to be considered as surances. 3. Every private act of Parliament affecting lands to be an assurance. 4. Where by a public act any lands are vested upon the payment of money, &c. a memorandum of the payment or other act may be registered. 5. Equitable mortgages, by deposit of deeds, may be registered by depositing a memorandum. 6. Liens, by reason of non-payment of purchase-money, may be registered by depositing a inemorandum. 7. That in the several cases provided for by the five immediately preceding sections, the assurances to be registered shall for the purposes of this act be considered to have been made by the person whose right or interest in the lands shall be bound or affected by the decree or order, the private act of Parliament, the creation of the estate or interest, the equitable mortgage or the lien (as the case may be); and the same entry or entries shall be made on registering such assurance as would have been required under the provisions hereinbefore contained for regulating the entries on registering assurances if the lands to be affected by the decree or order, the private act of Parliament, the creation of the estate or interest, the equitable mortgage, or the lien (as the case may be, had been so affected by the grant or conveyance of such person; and in 1. That a memorial of all deeds and con- the several cases provided for by the three imveyances which after the 31st Dec. 1834, shall mediately preceding sections, every person be made and executed, and of all wills and de-iclaiming or deriving any right or title to, or vises in writing made or to be made and pub-n, or by virtue of the estate or interest created, lished where the devisor or testatrix shall die the equitable mortgage or the lien (as the case after the said 31st day of Dec. 1834, and of all may be) shall for the purposes of this act be judgments, statutes and recognizances which considered to claim or derive such right or shall be obtained or entered into after the 31st title under the assurance which by virtue of of Dec. 1834, of or concerning, or whereby the section applicable to the case shall have any honors, manors, lands, tenements or been so registered as aforesaid. hereditaments in England and Wales, may be any way affected in law or equity, may be registered in such manner as is hereinafter diand that every such deed or conveyrected; ance, judgment, statute or recognizance that shall at any time after the said 31st of Dec. Instruments to be Registered. Assurances void, unless registered. 8. That every assurance by this act authorized to be registered other than any will, shall (so far as regards any lands to be affected thereby) be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless the prior assurance shall be registered in the manner directed by this act, before the registration of the subsequent assurance. 9. That in every case where any public act of parliament passed, or to be passed, shall contain any provision for vesting any lands in England or Wales in any person, by or upon the payment of money, or by or upon any other act (other than an assurance hereinbefore authorized to be registered), any estate or interest which shall arise or be created in such lands by or upon any such payment, or other act to be made or done after the said 31st of Dec. 1834, shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless such memorandum as is hereinbefore in such case authorized to be registered, shall be registered in the manner required by this act, before the registration of the subsequent assurance. 10. That in every case where by the deposit of title deeds, any equitable mortgage affecting any lands in Englaed or Wales, shall be made after the said 31st of Dec. 1834, such equitable | mortgage shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless such memorandum as is hereinbefore in such case authorized to be registered, shall be registered in the manner directed by this act, before the registration of the subsequent as surance. 11. That in every case where by reason of the non-payment of purchase-money a vendor shall at any time after the 31st of Dec. 1834, acquire a lien for such purchase-money on any lands in England and Wales, such lien shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless such memorandum as is hereinbefore in such case authorized to be registered, shall be registered in the manner required by this act, before the registration of the subsequent assurance. hereinbefore contained to any person claiming for valuable consideration under a subsequent assurance, shall not be taken away by any Court of Equity in consequence of such person having been affected with notice at the time of the execution of such subsequent assurance; and where, under the provisions hereinbefore contained, priority shall be given to any person claiming for valuable consideration under a subsequent assurance an equitable estate or interest, such priority shall be enforced in equity, although the person claiming under such subsequent assurance shall have been affected with notice as aforesaid. 14. That where any two or more assurances to be registered under this act shall be so registered at the same time, such assurances shall have priority according to the order of time in which the same shall have been executed. 15. That every person who shall claim, without valuable consideration, under any other person who shall have claimed for valuable consideration, shall be entitled to the same preference, protection and advantage under the provisions of this act as the person who shall have so claimed for valuable consideration. Exceptions. 16. Provided, that nothing in this act contained shall authorize the registration of any of bankrupt to the provisional assignee or to conveyance or assignment under a commission the general assignees under such commission, or any conveyance or assignment by an insolvent debtor to his provisional assignee, or any conveyance or assignment by the provisional assignee of any insolvent debtor to the other Court, or in any way prejudice or affect any assignees appointed by the Insolvent Debtors' such conveyance or assignment by reason of the same not having been registered. 17. That none of the provisions of this act shall apply or extend to any award which, under the provisions of any public act of Parliament passed or to be passed for inclosure, shall have the effect of creating, transferring lands. or determining any estate or interest in any 12. That every judgment, statute or recog; nizance, by this act authorized to be registered (so far as regards any lands to be affected shall extend to such assurances relating to 18. That none of the provisions of this act thereby), and every liability, charge or lien of shares in any public or private works or underor upon any lands in respect of any debt which shall be found due to his Majesty, his heirs or taking of any corporation, company or society, as by virtue of any local or other act of Parsuccessors, by any inquisition hereby author-liament are or shall be required to be regisized to be registered, or in respect of any obli- tered or otherwise entered or minuted in the gation or specialty to his Majesty, his heirs or books of the corporation, company or society. successors, hereby authorized to be registered, or in respect of any acceptance hereby authorized to be registered of any such office as aforesaid, shall be void as against any person claiming for valuable consideration under any subsequent assurance duly registered, unless the judgment, statute, recognizance, inquisition, obligation, specialty or acceptance of office, shall be registered in the manner directed by this act, before the registration of the subsequent assurance. Stamps. 19. That all memorials which shall be registered pursuant to this act, shall be exempted from stamp duty. Register Office. 20. That one public office for registering such memorials of and concerning any honors, manors, lands, tenements and hereditaments that are situate, lying and being as aforesaid, shall be erected and established at such market 13. That the priority given by the provisions town as the Justices of the Peace, or the major Priority. |