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UNIVERSITY
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LOS ANGELES
SCHOOL OF LAW
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REGISTRATION OF TITLE
TO LAND.
REGISTP.ATION OF TITLE
TO LAND;
WHAT IT IS, WHY IT IS NEEDED, AND HOW IT MAY BE EFFECTED.
ROBERT WILSON.
WITH MAPS AND FORMS.
I^ o isr r> O N^ :
LONGMAN, GREEN, LONGMAN, ROBERTS, AND GREEN.
1863.
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CONTENTS.
CHAPTER I.
THE MEANS OF ALIENATION.
Sale of a Watch. — The Seller's Possession the Evidence of his
Title.
Sale of Land. — The Seller's Possession the Evidence first
acted on. — The Seller's Possessory Cx'edentials. - - -
Contrast of Seller without Possession.
Contract between Seller and Purchaser. — Prepared by filling
up Blanks in a Printed Form. — Contains their whole Agree-
ment. -----------
The Land and Money might be exchanged at once ; but
the Seller's apparent Title must first be verified by Docu-
mentary Evidence.
Method of Documentary Investigation.
The Title at length accepted, and the Contract performed.
A Second Sale. — The same investigation repeated by new
Counsel and Solicitors. .....--
The Purchaser cannot learn when his Money will be wanted. —
Places or leaves in some Investment, which, during the
investigation of title, becomes depreciated.
A Mortgage, therefore, necessary. — The investigation again
repeated, by a third set of professional agents.
Interest in arrear. — Sale in Lots. — A single set of deeds
the repository of all the titles. — Must there be an Ab-
stract and a set of Copies for each petty Purchaser ? Such
is the law ; and there are instances of its having been en-
forced.
The Evils of this method of proof mitigated by Contract.
Conditions of Sale. — Leasehold Titles accepted without in-
vestigation of the Landlord's Title.
A
n^lX'i'j
U CONTENTS.
PAGE
The whole of the Erideuce is Possessory. — The Abstract of
Title Exhaustive. — Shows Retrospective Continuity of Pos-
session ; and destruction of adverse titles by lapse of time. - 7
Why Sixty Years 1 The limitation does not in general begin
to run against postponed rights till they take effect in
possession ; therefore, even sixty years not absolutely suffi-
cient. -----------8
Practical Security of Title.
The Proof which ends in the Deeds began in the Pos-
session.
Spontaneous Exhibition of Title. — Effect of Possession. — A
Universal Presumption of Perpetual Title, modified in its
application to each class of subjects by a greater or less
frequency of Exceptions. — In the Title to a Watch, Ex-
ceptions disregarded. — In the Title to Laud, to be disproved.
— No means of disproof, except the method of exhaustion. - 9
What is wanting is an Artificial Manifestation of Exceptions,
analogous to the natural manifestation of the rule.
A supply of this want may accomplish great results. - - 10
History of the Law of Alienation.
Traces in the present law of alienation of the state of the
right of property before it was alienable.
The Feudal Right of Property originally LifohoM.
The Fief Inalienable. - 11
Except by Subinfeudation.
Description of Subinfeudation, with examples.
Instance of an early Transfer without Suliinfeudation. —
Effected by the intervention of the Feudal Lord. - - 14
Subinfeudation encroached on the Rights of the Chief Lord. - 15
By postponing the Escheat.
By taking away the perquisites of Wardshij) and Marriage.
Rights of the Guardian in Cliivalry.
How depreciated by Subinfeudation. — Bracton's statement
of the result. --------- ig
Assigns came in as quasi harcdcs.
The earliest Grants did not mention Assigns. — Ex-
amples. - - 17
By the end of tlie thirteenth century Heirs and Assigns
already placed together in every deed.
CONTENTS. Ill
PAGE
Period of Transition. — Fullness and Variety of Language
used for conferring a Right of Assignment. — Examples. - 17
But Subinfeudation prevailed as before. - - - - 18
Seeming inconsistency explained by reference to the Law
of Warranty. — Authorities.
Subinfeudation attacked by Magna Charta, but to little pur-
pose. -----------19
The loss of Escheats, Marriaijes, and Wardships continued in
the reign of Edward the First.
Statute Qiiia Emptores Terramm, 18 Edw. I., a.d. 1290.
Passed "at the instance of the great men of the realm,"
apparently in imitation of a law of Philip Augustus of
France. - - -------- 20
Abolished Subinfeudation.
And created a Legal Right of Alienation.
Which remains in substance indefeasible.
Free Trade in Land thus inaugurated by Parliament six
hundred years ago.
Inheritance. ---------21
Originally only Lineal.
How extended to General Heirs.
Perhaps, in its earlier phase, the existence of a person com-
petent to inherit was a condition of the Proprietor's power
to bind the Lord's Escheat, along with the inheritance, by
an act of Subinfeudation.
Authorities in favor of this conjecture.
State of the Law immediately before the Legislation of
Edward the First. -------- 22
Inheritance might be restricted to lineal heirs. — Frank-
marriage.
Restricted Gifts called conditional (viz., on the existence of
inheritable issue).
The Condition, while fulfilled, inoperative.
The Proprietor's consequent power to defeat the Escheat.
Which was another grievance of the Lords.
Statute De donis conditionalihts, 13 Edw. I., a.d. 1285.
Originated the Fee-tail. -------- 23
Which was considered by the Judges to be only a part of the
Fee- simple.
IV CONTENTS.
PAGE
An ultimate Fee-simple therefore remained, after a Fee-
tail, or a dozen Fee-tails in succession. . . - - 23
Entailed Land Inalienable.
Emancipated by the Judges in the reign of Edward the
Fourth.
How this was done. — Warranty. — Voucher. — Description of a
Common Recovery.
A Fine, its history and eflfect. ...--- 27
Statutes of Fines. 1 Rich. III., a.d. 1483, and 4 Henry VII.,
A.D. 1487. - - - - 29
In what way these Statutes subjected Entailed Laud to the
operation of a Fine.
Action of Ejectment. — Description of it. — Defeated the right
of the Feudal Tenant, or Freeholder, to answer for the
Freehold in judicial proceedings. ----- 30
But the earlier procedure was maintained in judicial trans-
fers. — Was it a condition of the validity of a Fine or a
Recovery that the -writ which founded the collusive judg-
ment should have issued against the Freeholder ? - - 31
As to the Recovery, this was so ; and, at first, as to the
Fine.
But the later Statutes upheld the Fine, so far as it was
an agreement.
Consequence of this.
A Modern Settlement. — How affected by Fines and Re-
coveries.
The old forms abolished, but their essence preserved. - - 32
Excellence of the Fines and Recoveries Act (1833).
Summary of the Feudal Period of the History of the
Law of Alienation.
The original element remains in the modern Freehold.
Tliongli its subject be qualified. - 33
Or the land occupied by a tenant for years.
Tlic Freehold, the Possession of the Land. — Authorities.
To identify Title with Possession does not destroy the Right
of Possession. --------- ^4.
Tlicory of Property in Land.
The Natural Metliod of Transfer a Cliangc of Possession. - 35
Which was exclusively prevalent in England when Littleton
CONTENTS. V
PAGE
wrote in the middle of the fifteenth century. — Illustra-
tions of this statement. -------35
Possession to the use of others. ------ 3G
In the fifteenth centuiy, the Use already protected by the
Equitable Jurisdiction of the Chancellor.
yl£qnitas sequitur legem.
But, indirectly, the Court of Chancery enlarged the Power of
Disposition, by rejecting the Possessory Method of Trans-
fer. — Illustrations of this statement. ----- 37
Nature of the Equitable Title. — Depended on continuance
of the Legal Title, and Fiduciary Tenure.
The requisite Legal Adjustments maintained by constituting
a body of feofiees, and filling up vacancies. - - - - 38
Laws against MoHmain. — The FeofteeshixD to Uses a new sort
of Mortmain.
Static te of Uses passed, to imite the Use with the Legal Title ;
27 Henry VIIL, a.d. 1535.
Equitable Titles have survived under the name of Trusts.
Modern Law of Settlement. — Perpetuities forbidden. — Accu-
mulation restricted by the Thellusson Act. — But the Power
of Disposition otherwise Unlimited. — Gifts may be Legal
or Equitable. — Distinction between Legal and Equitable
Gifts. — Implies defective machinery. — Perfection attain-
able. — Fusion of Law and Equity suppo.sed.
Testamentary Disposition. — Unknown to the Common Law,
and why. — Testamentary power over the Use. — Abolished
by the Statute of Uses. — Re-established by other Statutes. —
Modem testamentary power. ------ 39
Moral of this History. 40
The Law has passed from one extreme to the other.
The Nature of Title. — Its Relation to Possession. — To be
registered in that relation. — A great defect to remedy, but
no positive obstruction to remove. — The Right of Aliena-
tion a Legal Incident of the Right of Property. — Transfer
may be expressed in five syllables. — No technicahties of
description. — The Power of Transfer Ubiquitous. — The
Transfer Tax common to Land and Railway Shares.
VI CONTENTS.
CHAPTER II.
THE DEFECTI\T5NESS OF THE INIEANS OF ALIENATION
EEMEDIABLE BY REGISTRATION OF TITLE.
PAGE
Funded Property. -------- 42
Belongs to the class of Stock. — Distinction between Stocks
and Share Capitals.
Both varieties subject to a Common Method of Registration.
Which, however, is modified by the difference between them.
But the Register is acce]pted, in both cases, as Reliable Evi-
dence of a Power to Sell. - - - - - - - 43
The Register of Funded Property is Possessory, in its ob-
ject, its action, and its effect.
The Share-register even more unquestionably so. - - - 44
Land has a greater natural aptitude for registration than
Stocks and Shares.
Application to Land of an Anaioootjs method of Regis-
tration.
Possessor registered as Presumptive Owner.
Succession on Death.
Provision for the Registration of a New Possessor, whenever
a New Right of Possession arises.
The Machinery worked by the pressure of the Title in Occu-
IJation. — Illustrations.
Means provided for registration of Matter affecting the Title,
before it has begun to act upon the possession. — Illus-
trations and distinctions. ------- 45
Period of Transition. — Postponed Titles capable of Immediate
Registration. — Insurance.
The Land Certificate. --46
Transferable by Indorsement, like a Bill of Exchange.
The Land Certificate may be pledged by a Deposit-note, also
transferable by indorsement.
CONTENTS. Yll
CHAPTER III.
EEGISTEATION OF THE LAND ITSELF.
PAGE
Land divided by boundaries and external features into parts
which, like shares, might be registered numerically. - - 48
The Ordnance Maps. — The National Scale. — The County
Scale.— The Parish Scale.— The Town Scale.— Use of Photo-
graphy.
Relations of the Scales to each other. — Facilities for Exten-
sion of the Larger Scales. -------49
Numbering of the Maps. — Illustrations.
Book of Reference. --------50
Numbering of the Lands, in Townships and Divisions of
Townships. -----.-..52
Periodical Revision of the Maps. — Quotation from the Report
of the Cadastral Survey Committee of 1862 (note).
The Land-transfer Act of 1862 attempts to dispense with a
Public Map.
Which, however, is Indispensable. — Reasons for this statement.
CHAPTER IV.
EEGISTRATION OF THE FEEEHOLD OR POSSESSION.
Can Title be ascertained by Authority ? - - - - - 59
The Evidence of Title at present Inductive.
Authoritative Deduction necessary. ----- GO
Which is Inapplicable to the Title itself.
But Applicable to Possession, as a basis for the induction of
title.
The Bearing of a Deduced Possession on the exhibition of
title.
viii CONTENTS.
PAGE
Period of Transition. --------61
Insurance against Unregistered Titles. 63
Must be left to Private Enterprise.
Registration of Possession further considered.— Its Analogy
to the Mapping of the Land. 69
The Relation of the present Abstract to the Possession - - 70
Registration of ^ssuv-ajices.— Description of the Middlesex
Register. ----------71
Mr. Duval's Plan of Registration. — Recommended by the
Real Property Commission in 1830. 72
Modified by the Registration and. Conveyancing Commis-
sion iu 1850. Map-index proposed, but rejected by the
House of Lords.
Registration of Assurances condemned by the House of Com-
mons in 1853. — Defunct. -------73
Registration of Title. — What it is. — How to be effected.
Illustrations from the Feudal Law. ----- 74
CHAPTER V.
THE SAME SUBJECT CONTINUED.
Registration to be applied, in the first instance, to a Single
County. 77
Description of the Register divided into Sections Avith Italic
Headings.
First licfiistration of the Freehold. — Eflfected Parish by Parish.
— First County Register a Precedent for a Staff of Regis-
trars. — Acting independently. — But meeting periodically,
as a Board, to prescribe general rules. — Mode of Registra-
tion. — Practice of General Inclosure Act to be adopted. —
Title not to be enquired into. — Correction of the Map, as
iu Ireland, in case of a Change of Boundaries between the
times of Mapping and Registering.
Suhaeqncnt Metropolitan Registration of Lands Not Claimed. - 78
CONTENTS. IX
fAGE
Registration Permissive, not Compulsory. — Ultimate compul-
sion of a residue of dissentients. ------ 79
Effect of Registration. — J arisdiction. — Ad Valorem Professional
Remuneration. — Registration shows an Apparent Title, and
Facilitates Dealings, during the Period of Transition. — After-
wards, an Indefeasible Parliamentary Title. — But all that it
positively states is Possession. — Proceedings for effecting a
Change of Registered Possession. — Government Valuation.
— The Test of Appellate Jurisdiction. — And of Professional
Remuneration. --------- 79
Adverse Possession. --------- 82
Incorporeal Rights.
The Metropolitan Registry. — Commencing Register trans-
mitted, parish by parish, to London. ----- 83
Arrangement of Titles. — County Titles. — National Titles. —
A National Title described as an Example.
The Land Certificate. ..------84
Transfer by Indorsement. — Indispensable to the Working of a
Register of Title.
Precaution against Forgery. ------ -8o
The Journal. - - - - - - - - - -86
Summary of the Effect of the Land Certificate. - - - 91
Reputed Ownership). — Title of a Purchaser.
The Freehold Ledger. - - 93
A Transfer and Conseqxient Entries. ----- 94
Tables of Charges and Notices. - 102
Division of a Registered Unit. ------- 105
Revision of the Pansh Map. ------- 106
The Land Index. - 107
Marnier of Searching the Register. ------ 108
The Doctrine of Notice. — Remains in force. — But modified by
a New Condition of Title. 116
The Index of Freeholders. — Shows Present and Past Holdings.
— But does not involve a purchaser in retrospective en-
quiries. 117
A 3
CONTENTS.
CHAPTER YI.
REGISTRATION OF CHARGES AND NOTICES.
PAGE
Manner of creating a Charge. ------- 122
The Charge Ledger. — The Charge Certificate. — Sub-charges. - 123
The Document Book. -------- 124
Loan Transactions. — Greatly FaciUtated by Registration. —
Manner of Discharging a Mortgage. — Amendment of the
Law of Mortgages required. ------ 126
Leases. — Not much shortened by registration. — But rendered
Secure, and easily Transferable. - 128
Special Dispositions Believed from Technicalities of Form and
Construction.
Settlements ; how to he made and registered. - - - - 129
Tlieory and Practice of the Registered Notice. - - - - 136
Entries Consequent on the Registration of a Notice. — The Notice
Certificate. ---------- 139
Registration of Notices may be Restricted. - - - _ 140
Indexing of Charges and Notices.
Derivative Titles Prior to the Registration of the Freehold. — TJie
Distinction between the Charge and the Notice. - - . 142
Notice extrinsic to the Register. — A Claim Must be Registered,
on request of an Intending Purchaser. - - . . 143
CHAPTER VII.
REGISTRATION OF TITLE BY SUCCESSION ON DEATH.
Title of Executor or Administrator extended to Land. - - 144
But Rciircscntativc Character disclosed.
CONTENTS. ^1
PAOR
Which protects Beneficiaries. ----- - 144
Working of the Hepresentative Title. . _ - . - 145
No Complexity in Registration of Title by Succession on Death. 147
CHAPTER VIII.
NEGOTIABLE DEPOSIT-NOTES.
Conditions of a Perfect Land Security. ----- 148
Fulfilled by the Deposit-note. — Description of it. — Authentica-
tion at the Registry. — Transferable by Indorsement. — Gives
an Indefeasible Parliamentary Title.
Distringas. — Its effect. — How removed. ----- 150
Theft or Loss of the Deposit-note and Land Certificates. - 152
Land Certificates will show Values as well as Contents. - - 154
Titles will be Insured during the period of transition.
Not even the Binding-holes on the Certificates will leave traces
of a discharged Deposit-note.
CHAPTER IX.
CONCLUDING REMARKS ON THE FUNCTIONS, CAPABILI-
TIES, AND BENEFITS OF REGISTRATION.
Possession acted on by a Judge, but not by a Puixhaser. - 155
May be made available generally.
Register of Funded Property. -..-.. 156
Imitated in constrnction of the Land- register. . - . 157
Difi"ercnces between the Stock-register and the Land-register.
Summaiy of Results. - - - - - - - -159
Benefits of Registration Not Postponed to the end of the
Period of Transition. - 160
Xtl CONTENTS.
PAGE
Register Complete in Each District. ----- 160
Beuefits of its Extension throughout the Country.
Complete Emancipation of the Soil. ----- 161
APPENDIX I.
Book of Reference to the Parish of St. Oswald, with several
smaller Parishes, in the County of Durham. . - .
APPENDIX II.
Extract from the "Report of the Progress of the Ordnance
Survey," <fec., to 31st December, 1862. - - - - 81
MAPS.
Specimen of the National Scale. Appendix I. , at the beginning.
Specimens of the County, Parish, and Town Scales, at the end
of the Volume.
ERRATA.
Page 56, line 17, for "latter," read "later."
Page 89, line 25, for " might," read "may."
Page 105, line 16, for " each of the numbered units comprised in,"
read "the original units divided by."
Page 149, line 23, omit "attached to it."
EEGISTEATION OF TITLE TO LAND.
CHAPTER I.
THE MEANS OF ALIENATION.
A MAN buying a watch in a watchmaker's shop
may haggle over its price and ask questions and
requhe warranties as to its materials and work-
manship ; but when a bargain has been struck
he receives the watch and pays for it without
calling for proof of the seller's right to make
the sale. He may have heard of the protec-
tion given by the law of mar'ket overt to pm--
chases made at shops within the city of London.
But he buys where he expects to be best served,
on either side of Temple Bar indifferently. For
evidence of title, he relies, perhaps unconsciously,
on the seller's established business position ; on his
undisturbed possession of the articles in which he
deals ; and on his open exposm^e of them for sale.
B
2 REGISTRATION OF TITLE.
The purchaser of land acts, in the first instance,
on the same kind of evidence. He does not read
the deeds and then ask for an estate to match the
parchment title. He first looks at the land. The
auctioneer's card procures for him a ready ad-
mittance. He sees the sale-bills remaining pasted
on the fences. Tenants speak to him about their
leases; neighbours about the retiring landlord,
and the cause of his leaving. The printed par-
ticulars and conditions of sale incidentally disclose
the access of professional agents to the deeds.
Presently the sale takes place, openly and without
interruption, at a time and at a place fijKed by
public advertisement. And thus, when the time
comes for signing the contract of purchase, the
seller's right to sell has already been vouched by
the credentials of visible dominion, public acqui-
escence, local reputation, custody of deeds, pro-
fessional intervention.
Possession, in short, which in general suffices
for proof of title to a watch, is the basis of the
evidence of title to land.
That it is so, may be proved by supposing it to
be wanting. Tlie seller is found on enquiry to
be like the propiietor mentioned by Littleton, who
" dares not enter into the same lands or tenements,
nor into any parcel thereof, for doubt of beating."
The tenants and neighbours appear to have no
knowledge of him ; and, at the time ai3pointed for
the sale, a lawyer comes forward in the auction-
THE MEANS OF ALIENATION. 3
room, on behalf of au adverse possessor, to protest
against the whole proceeding. The estate might
be sold, mider such circumstances, to a speculator
in law suits, but to no one else.
The sale, however, has taken place. All its
terms have been defined by a contract in ^Titing,
or rather in print, for (except only the price and
the purchaser's name) the contract is a short
printed form appended to the particulars and con-
ditions and by reference embodying their contents.
The land and the money might be exchanged at
once, but the seller has yet to verify his ap^Darent
title by documentary evidence.
How this evidence operates, and why it is need-
ful, will appear in the sequel. I must first describe
the thing itself, as it occm-s in practice ; and, for
this pmpose, I will suppose the value of the estate
to be such as to justify a full examination of title,
with the aid of counsel.
The seller's. solicitor has prej^ared an Abstract of
the contents of all extant writings made withm the
last sixty years respecting the estate or any part of
it — deeds securing loans, and deeds discharging
them — settlements, and evidences of their fulfil-
ment — pm'chase deeds, wills, inclosure proceedings,
chancery suits, and miscellaneous antiquities. A
copy of this historical compilation is sent to the
pm'chaser's solicitor, on a quii^e or a ream of foolscap
paper. He reads it, compares it line by line wdth
the original documents, and submits it to the
4 REGISTRATION OF TITLE.
perusal of one of those members of the bar who
advise on the sufficiency of titles. The practised
eye of the conveyancing counsel detects a need of
further evidence. Pedigrees must be proved;
variations of description accounted for and re-
conciled. The deed with which the abstract com-
mences — itself about sixty years old — gives notice
of a still older deed, which must be found and
abstracted —
^' not only every document, the ex-
istence of which in any manner appears, and
which by any possibility may affect the title, is
called for, but various collateral sources of inform-
ation are resorted to. ... County and
local histories are examined ; searches are insti-
tuted for land tax assessments, awards under in-
closm^e bills, grants from the Crown, grants of
annuities, records of fines and recoveries, eni'ol-
ments of deeds, judgments securities
given to the Crown, probates of wills and grants
of administration, and various other species of docu-
ments. In every case, except where the property
is too small to make risk important as comjDared
with present expense, mvestigations of this nature,
adapted to the circumstances, are prosecuted to a
great extent "*
At last, if by good luck it so happens, the title
is accepted. After weeks, or months, or years of
* Second llcport of Real Property Commissioners, a.d.
1830; p. 7.
THE MEANS OF ALIENATION. 5
negotiation, and an expenditure in legal charges of
two per cent., or fifty per cent., upon the amount of
the purchase money — an expenditm-e ''in forty-
nine cases out of fifty superfluous, but as every one
may be in danger all are guarded against it"* — •
the purchaser has leave to do what in the auction-
room he agreed to do, namely, to exchange his
money for the seller's land.
The bulky deed of transfer has been signed and
sealed. If deliberation, and expense, and profes-
sional experience can afford secm-ity, the pm-chaser
is now the owner of the land. Presently he be-
comes a seller in his turn. The title has been
proved to the date of his purchase deed, and of
course the new purchaser takes up the inquiry from
that point. Oh ! no ; that is not the way in which
title to land is investigated in England. The new
purchaser begins at the beginning. A second edi-
tion of the abstract is collated with the original
docmiients; and a second conveyancing counsel
may creep into corners and crannies of the title
which the first counsel did not notice.
After a vain attempt to learn when his money
will be wanted, the new pm-chaser places or leaves
it in some investment, which, dming his investiga-
tion of the title, becomes depreciated. He con-
trives to complete his purchase, but aftei'wards
requii'es a loan upon mortgage. The title has been
* Sugden (Lord St. Leonards) on Vendors and Purchasers ;
p. 986 ; 11th Ed.
6 REGISTRATION OF TITLE.
twice minutely investigated; but how does tlie
lender know tliat either investigation has been
exactly such as his own solicitor and counsel
would have made ? So there is a third abstract ; a
thu-d comparison with originals ; a further and in-
dependent scrutiny by a thii'd conveyancing
counsel.
The interest on the loan having fallen into
arrear, the lender proceeds under the powers of
his mortgage to sell the estate in lots. A single set
of deeds is now the common repository of the titles
to the several fragments of the land. Is the pur-
chaser of some quarter of an acre to have a separate
abstract for himself? And must copies of the
deeds be made for each of the whole set of pur-
chasers, except the favoured one who receives the
originals ? So say the law books ; and we read of
instances in which the purchaser's extremest rights
have been judicially enforced. But the bm^den
crumbles by its own weight. Investigation is lim-
ited by contract to fifty, forty, thirty, twenty years ;
instead of the prescribed period of sixty years.
The purchaser agrees to take many things on trust,
and to bear the cost of any additional evidence
which he may call upon the seller to procure. If
he asks troublesome questions, he is to take back
his deposit, and to pay his o^ti lawyer's bill. He
may even find himself committed, by disguised
conditions of sale, to an unconscious acceptance of
a title positively defective. Like some poisonous
THE MEANS OF ALIENATION. 7
medicine, which deposits and accumulates its bane-
ful effects in the constitution, documentary evidence
of title is administered by moderate and cautious
doses — unless, indeed, as when a lease is made or
sold without production of the landlord's title, the
patient is left to nature.
In contrasting documentary with possessory
evidence, I am using, for convenience, an im-
perfect classification. For the whole of the evi-
dence is, in a general sense, possessory.
A possessor transfers his title — what does the
transfer prove ? Is abdication a higher species of
evidence than continued possession ? Surely not.
He makes the transfer by a deed. Is transfer the
more cogent for being written ? This question,
also, must be answered in the negative. There
are, indeed, instances in which title is brought
into existence by a document, and embodied in it,
and deduced from it; as when a monopoly is
conceded to an inventor by letters patent. But
the document called a title deed is exhaustive,
rather than creative or deductive ; it shows that
the giver of title is left empty, but not that the
receiver has been filled. By revealing the causes
of the transmission of possession, the abstract of
title bears witness indirectly, and more or less
completely, to a retrospective continuity of pos-
session ; which, if substantiated and carried back
far enough, ensm^es the destruction of adverse
titles by lapse of time.
8 REGISTEATION OF TITLE.
But why sixty years ? Land must be claimed
within twenty years ; and, though a fmi;her time
is given to persons under disabiHties, the utmost
period of limitation is forty years. True ; but in
general the limitation only runs from the time
when the claim becomes capable of enforcement.
And, as the only method of enforcement is to
claim the possession, the limitation does not in
general begin to run against a reversionary^ right,
till, by lapse of antecedent titles, it becomes a
right to the possession. If, for example, a life-
tenant has been dispossessed, and lives out of
possession for a hundred years, the person coming
after him retains an available title for at least
twenty years fr-om his death. Therefore, no ad-
missible length of investigation could give absolute
secm-ity against dormant claims. The period of
sixty years appears to have been originally fixed
by reference to the limitation of an ancient form
of action, which has now been abolished ; it is
continued on the principle that it cannot safely be
shortened. Nor can it, perhaps, as a rule ; though,
as already mentioned, it often is much shortened
by special agreement. And, happily, in spite of
dormant claims and conditions of sale, the main
object of practical security is, with rare excep-
tions, attained.
The proof which ends in the deeds, began, as we
have seen, in the possession.
Title shows itself spontaneously in things whose
THE MEANS OF ALIENATION. 9
material subjection symbolises a jm-al appropria-
tion. It is seen living and moving, before its jDre-
existence is detected by digging up the relics of
the past. Now the title which thus presents itself
to view is a right of exclusive possession, in
dm^ation undefined, and presumj^tively perpetual.
Possession shows that a right exists, for unlawful
possession is improbable ; and the more so, if the
fixed location of the thing possessed has invited
the assertion of adverse claims. It does not show
that the right will continue to exist ; for possession
may be held lawfully by a temporary title. Nor
does it show that the right will ever cease to exist ;
for possession does not contain in itself the means
of its own limitation. The presumptive coinci-
dence of possession with title complete and per-
petual is a rule presumptively universal, though
modified, in its application to each particular class
of subjects, by a greater or less frequency of ex-
ceptions. In the title to a watch — to refer again to
that example — the chance of exceptions may be
disregarded; in the title to land, their existence
must be disproved. The rule is visible, but the
exceptions are not; and hence the necessity, to
which we are at present subject, of ascertaining
negatively, by exhausting the past history of the
land, that there is no place for any exception.
What is wanting is an artificial manifestation of
exceptions, analogous to the natural manifestation
of the rule.
c
10 REGISTKATION OF TITLE.
I hope to show presently that a supply of this
want may accomplish great results; but I must
first trace the law of alienation from its origin, and
sketch its present condition.
" If a man would pmxhase lands in fee-
simple, it behoveth him to have these words in his
pm^chase, ' to have and to hold to him and to his
heirs.' .... For if a man purchase .... by these
words, ' to have and to hold to him for ever'
he hath but an estate for term of life . . . ."* We
may see, in the law of alienation, the state of the
right of property before it was alienable ; when the
lord and his man'\ were bound together for life,:}: by
* Littleton's Tenures, Section 1.
t • . • . " When the tenant shall make homage to his lord, he
shall be ungirt, and his head uncovered, and his lord shall sit,
and the tenant shall kneel before him on both his knees, and
hold his hands jointly together between the liands of his lord,
and shall say thus : — ' I become your man from this day
forward, of life and limb, and of earthly worship, and unto you
shall be true and faithful, and bear to you faith for the
tenements that I claim to hold of you, saving the faith that I
owe unto our sovereign lord the king :' and then the lord so
sitting shall kiss him." — Littleton, Section 85. Bracton, 80*.
J " De temporaires, dit-on, les beueSces devinrent viagers ;
c'est leur troisieme degre. C'est bien plus qu'un degre dans
leur histoire ; c'est leur veritable ^tat primitif, habituel, le
caractfere commun de ce genre de concessions. Ainsi le voulait
la nature meine des relations que les benefices etaient destines
h. perpetuer. Avant I'invasion, quand les Germains erraient
sur lea fronticres Tiomaines, la relation du chef aux compagnons
THE MEANS OF ALIENATION. 11
a tie which might be broken, Ijiit could not be
temporary ; and the lifehold j^i'ivilege or office of
proprietorsliip was filled up, on each successive
vacancy, by the lord's arbitrary appointment, or re-
produced itself, independently of volition, accord-
ing to a pre-ordained law of blood-relationship.
The tenant could not alienate the tenancy;*
but he might keep the tenancy, and alienate the
land. His own feudal obligations might even
necessitate a j)a}Tnent of soldiers by subtenancies.
It was, therefore, not without reason, that the law
implied, in the absence of a contrar}^ provision, a
power to alienate by subinfeudation.^
Subinfeudation may be seen, as if it were still
at work, in the feoffinents and other deeds of the
first two centuries after the Conquest, in Madox's
Formulare Anglicamim. I have taken from different
parts of that collection, and have put together
in a note, as a specimen of early English con-
6tait purement personnelle. Le compagnon n'engageait, a coup
8ur, ni sa famille, ni sa race ; il n'engageait que lui-meme.
Apres retablissment, et quand les Germains eurent passe de la
vie errante a Tetat de proprietaires, il en fut encore ainsi ; le
lien du donateur au beneficier etait encore considere comme
personnel et viager; le benefice devait I'etre egalement. La
plupart des documents de Tepoque, en effet, le diseut ex-
presseinent ou le supposent. Je me contenterai de citer
quelques textes de diverses dates, du vi' au ix* siecle ; ils ne
permettent aucun doute." — Guizot, Histoire de la Civilisation
en France, 32me le9on ; and continental authorities cited.
* Coke upon Littleton, 43"; Hargrave's note (2).
t Bracton, ll^ 13*, 18*, and 45\
12 KEGISTRATION OF TITLE.
veyancing, a set of deeds relating to the Manor of
Chigwell.
This had been held, and in some way lost, by
WilHani de Goldingeham ; and our abstract of title
commences with a confirmation by the lord's son,
Gii'ardiis de Limesia (I), of a grant by his father
to Eichard de Liici ; who, in the reign of Henry
the Second, was a judge and a sheriff.* I mention
his offices to fix the date, the deeds not being dated.
Richard de Luci granted the manor to Radulph
Briton (II) — or Ralph Briton, as I suppose we
should now call him — and afterwards, ^jro amove
Radulplii et jwo sua peticione, restored to
AYilliam de Goldingeham his inheritance (sciatis
(I) " Grirardus de Limesia, Omnibus hominibus suis, atque
amicis suis, Francis et Anglis, salutem. Sciatis me dedisse et
concessisse totam terram meam de Ciiiggewilla, cum omnibus
apenticiis suis, Eicardo de Luci et baeredibus suis ; Ad te-
nendum de me et de haeredibus meis, in feodo et baereditate, per
servicium unius militis, pro omnibus serviciis quae ad me per-
tinent ; Sieut pater mens ei dedit et concessit, et per cartam
suam confirmavit ; Et ideo volo et firmiter praecipio, quod ipse
Eicardus de Luci et bseredes sui illam terram teneant de me et
de haeredibus meis, bene et in pace, et libere, et quietfe, et bo-
norific^, in bosco et in piano, et pastura, et prato, et in omnibus
aliis rebus qua? ad illam terram pertinent ; Et pro bac donatione
dedit micbi Eicardus de Luci iii. marcas argenti de recog-
nicione ; et Gefridus de Luci filius ejus unuin anuliim aureum
quando devenit mcus affidatus. Testes" (here follow the names of
fourteen witnesses). MaJox, No. 75.
* Madox (No. 78, note).
(II) "Eicardus de Luci, Omnibus, &c. Sciatis me dedisse et
concessisse Eadulplio Eiitouo Terram Chiggewillae cum omnibus
THE MEANS OF ALIENATION. 13
me reddidisse W. de. G hcereditatem suam)
to be held of Eicliard himself (HI).
Richard received Williani's homage before the
Barons of the Exchequer ; and, on the same day,
peticione WilMmi, granted the manor to Robert,
son of Radulph, to be held of William (IV).
Lastly, William granted the manor to Robert,
and received his homage before the Barons of the
Exchequer (V).
But William's inheritance was not quite restored
after all ; for Richard had retained a place in the
pertinentibus eidem terrae, sibi et haeredibus suis, ad tenendum
de me et de hseredibus meis, in feodo et hsereditate, per
servicium unius railitis. Quare volo et firmiter prsecipio &c.
Testibus" {twenty-eight loitnesses). Madox, No. 288.
(Ill) " E,icardus de Luci, Omnibus, &c. Sciatis me reddidisse
"Willelrao de Goldingeham et bferedibus hsereditatem suam de
Chigewell, tenendam de me et de bseredibus meis, per servicium
unius militis ; et inde homagium suum accepi ; pro amore
Radulphi Britonis, et pro sua peticione. Quare volo, &c. Tes-
tibus" {twelve witnesses) . Madox, No. 658.
(TV) " Eicardus de Luci, Omnibus, &c. Sciatis me concessisse,
et hac mea presenti carta confirmasse, lloberto filio Eadulpbi
Britonis, Manerium de Chigewell, cum omnibus pertinentiis suis,
in feodo et hsereditate ; babendum et tenendum sibi et hseredibus
suis ; faciendo Willelmo de Goldingeham servicium unius militis :
Et banc concessionem et confirmatiouem feci Roberto prjeno-
minato, peticione Willelmi de Goldingeham, die qua recepi
homagium Willelmi coram Baronibus de Scaccario : Et ideo
volo, &c. Testibus" {sixteen witnesses). Madox, No. 79.
(V) " "Willelraus de Goldingeham, Omnibus, &c. Sciatis me
dedisse et concessisse Roberto filio Eadulphi Britonis totam
terram meam de Chigewella, cum omnibus pcrtineiiciis suis, in
14 EEGISTEATION OF TITLE.
feudal hierarchy between him and the chief lord.
Richard might grant to Robert to be held of
William, because Robert and William had re-
quested him to do so ; yet his deed, even in this
resj)ect, is worded ambiguously, as if it were of
doubtful legality, for it does not expressly recog-
nise a seigniory in AYilliam, though awarding
to him the benefit of a specific service (IV). But
Richard's tenm^e of the chief lord was the source
of all the other titles ; and to cancel it, without
the chief lord's consent, would have involved a
resignation of the fief. The chief lord's consent,
if given, might have supplied us with a sixth deed,
like the subjoined specimen, also from Madox (VI),
of the period of Richard the First, or thereabouts
— to tell how a branch of a tree had been given to
feodo et haereditate, sibi et hseredibus suis, de me et de liseredibus
ineis teneudam per servicium unius militis. Et ipse ob banc
donationem homo meus devenit et xx. marcas argeuti michi
dedit. Ego autem horaagium suura accepi coram hiis Baroni-
bus de Scaccario, iu festo Sancli Micbaelis, scilicet {ten names).
Et denarios michi dedit, et donationem sibi feci. Quare volo,
&c. Testibus" {thirteen witnesses). Madox, No. 291.
(VI) "Hathewisia de Gurneio, Omnibus, &c. Sciatis quod Alex-
ander de Budicumbfi totam terram suam de Cliveware vendidit
Thomaj filio Willelmi pro c. & iii. solidis, et totum suum j us ei quie-
tura clamavit in praesentia raei et meorum liominum in curia mea
apud Barowam ; scilicet illam terram quam Kobertus de Gurneio
pater meus ei pro servicio suo dedit ; Et ipse Alexander se inde
demisit; et per unum ramum arboris earn terram michi quietam
reddidit in manum, ad saisiendum prajdictum Thomam de ilia;
Et ego saisivi Tliomam inde per eundem ramum arboris j ad
THE MEANS OF ALIENATION. 15
the chief lord in his court, witli a gold ring for
his pains ; and how the chief lord had handed on
the branch to the assignee of the tenancy, as a
token of infeftment in capite.
An under-tenant might dispense with the branch
and the ring, yet his title encroached on the rights
of the chief lord.
First, by postponing the escheat. For the
duration of a sub-fee was not limited by the
dm^ation of the fee out of which it was taken.
Richard's death, without heirs, while either of the
under-tenancies subsisted, would only extinguish a
mesnalty, and bring the under-tenant, or the one
next under him, into immediate relation with the
superior lord.
Secondly, by taking away the perquisites of
zvardshij) and marriage. These, in the case of an heir
succeeding under age to a military fief, took the
place of the fine called a relief., which purchased
from the lord, on the accession of an adult, a right
to lift up the fallen inheritance. If Richard de Luci
had kept the manor in his own hands till his death,
and had left a son and heir under age, his lord,
as guardian in chivalry, would have had the j^rofits
tenendum in capita de me et de meis hseredibus, sibi et suis
hseredibus, per servicium idem quod Alexander michi faciebat,
scilicet servicium v. partis unius railitis ; cum quinque ferdellis
terrfe de Bacwella ; Et ipse Thomas meus homo inde devenit ;
Et anulum aureum michi inde deditde recognitione. Hanc con-
vencionem concede, et lific mea cartji et sigilli mei impressione
conflrmOjTestibus \\\W (twenty-four loitnesses). Madox,No. 100.
16 EEGISTEATION OF TITLE.
of the manor during the minority, together with
the right of selling the heir in marriage, and of
charging him, on refusal to be sold, with the price
he would have fetched ; or with a double price, if he
married as a minor to please himself. A " con-
venable" lady was to be presented dui-ing the
minority for the heir's acceptance — not a serf or a
citizen's daughter, nor wanting a hand or a foot,
nor deformed, nor decrepid, nor afflicted with
horrible disease or with great and continual in-
firmity, nor past the age of child-bearing.* A
female descent would have shortened the wardship,
heiresses being marriageable at fourteen ; but the
wife might sell better than the husband. Now the
sub-grants of the Manor of Cliigwell, reserving the
bare servitium imius militis, to which, from first to
last, the fief was bound, took away from the chief
lord his chance of wardship and marriage ; there
being no beneficial interest left for the heu* of his
tenant to succeed to. The disappointed guardian
was to content himself with a relief, as a substitute,
if not an equivalent, for the larger returns of an
undilapidated tenancy, "f*
" Hem [donator'] augere poterit donatlonem, et facere
alios quasi liceredes, licet re vera hceredes non sunt ; ut si
dicat in donatione, habendum et tenendum tali et hcere-
* Littleton ; Book 2, Chapter 4.
t " Si dominus tantura relevium habeat, teueat inde se con-
tontum, quamvis plus valeant custodia et hajredis maritagium."
Bracton, 45''.
THE MEANS OF ALIENATION. 17
cUbus sms, vel cid terrain illam dare vel assignare
voluerity* In the Chigwell deeds we have had exam-
ples of simple inheritance without mention of assigns.
By the end of the thii^teenth century, the ^^ heirs
and assigns''' of our modern practice were already
placed together in every deed. During an inter-
mediate period, the power to assign was given,
more and more frequently — not in a set form, but
with great variety of language, and often with a
fullness of expression which bespeaks an anxiety
on the part of the conveyancers of the day to
secm-e some definite and substantial benefit, f Yet
* Bracton ; p. l7^
t The followiDg extracts are from deeds in Madox, of the 12th
and 13th centuries : —
"Tali modo quod ipse "W. . . . cuicumque voluerit dare
poterit bgereditario jure, sive clerico vel laico, sive etiam,
si voluerit, religioni" (No. 2). " Habendani vel dandara
cuicunque voluerit" (No. 99). "Et cui dare voluerit et
b^eredem constituerit" (No. 109. See also No. 317). "Tali
conditione, quod non licet nee uuquam licebit micbi, vel alicui
bseredum meorura alicui mortalium vendere, vel in-
vadiare, vel quocunque modo alienare" (No. 161. See also
Numbers 160, 325, 627, and 631). " Assignati sui et bseredes
eorum" (No. 262). "Yel cui assignare voluerit" (No. 265.
See also Numbers 313 and 323). " Licet dare uni
suorum, cuicunque dare voluerit" (No. 300). "Yel
cuicumque dare, vendere, vel quocunque modo assignare voluerit"
(No. 315). "Velillicui dare voluerit vel assignare,
prjeterquam in religionem" (No. 319). " Et quod ipse T. et
bieredes sui poterunt dare, vel dimittere, vel assignare
cui voluerint" (No. 320). "Vel, si maluerit, biis quos loco suo
constituerit" (No. 324). " Dictus vero W., nee baeredes sui, vel
D
18 EEGISTRATION OF TITLE.
the practice of subinfeudation appears to have con-
tinued as before. Nobody used a j)Ower for wliich
everybody stipulated. To account for tliis seeming
inconsistency, we must turn, I think, to the law of
vjarrcmty. Was the ultimate possessor to look for
protection to some neighboming peasant from whom
he pm-chased, or to the powerful originator of the
title? This, during the turbulence of om* early
history, was a weighty question ; the answer to it
depended on the degree of responsibility contracted
by the cliief lord. Warranty was changmg from
a consequence of homage into a written contract ;
and it was usual, when assigns were mentioned in
the grant of title, to mention them again in the
grant of warranty. And a grant of warranty so
worded entitled the last mider-tenant, if his
possession were disturbed, to clami redress im-
mediately from the chief lord.* Bracton cites a
ejus assigaati .... domibus religiosis non dabunt nee vendent,
nee etiam Judseis impignorabunt" (No. 327). " Poterit insuper
E, et haeredes sui, vel attornati dare venders efc
inipignorare cuicumque voluerint, prjeterquam domui religiosse"
(No. 329. As to the zvord attornati, see also Numbers 463
and4:Qd). "Vel quibus dare assignare vel delegare
voluerifc, tam in a^gritudiue quam in ligia potestate" (No. 330).
" Assignatis, vel cui et quando, sanus vel aeger, dimittere, dare,
vendere, legare, vel assignare voluerint" (No. 331). "Et
cuicumque lisereditare voluerit" (No. GGl).
* " Item poterit esse warrantisatio larga et stricta : larga, ut si
dicitur — ' Ego et baeredea mei warrantisabimus tali et bjeredibus
suis:' largior, ut si dicat — 'tali et hgeredibus suis et assignatis,
et haeredibus assignatorum.' Item largissima, ut si dicat —
THE MEANS OF ALIENATION. 19
legal decision to this efiPect;* its date, if we had it,
might perhaps be coincident with the beginning of
the general use of an assignment clause. t
Subinfeudation was attacked by Magna Charta,
but to little pm^pose; and the loss of escheats
marriages and wardships still ^' seemed very hard
and extream unto" the ''lords and other great
' tali et hseredibus suis et assignatis, et eorum bseredibus, et
assignatis assignatorum, et hseredibus eorum :' et sic tenetur
douator et bseredes ejus omnibus vrarrantisare, per modum
donationis, si res data ad tot manus devenerit, et hoc immediate.
Si autera ita dicat — ' tali et baeredibus suis warrantisabimus,' si
talis ulterius dederit vel assignaverit, non tenetur ipse principalis
feofFator talibus warrantisare immediate, sed per medium ;
scilicet quod quilibet vocet ad warrantum suum feofFatorem, de
gradu in gradum ascendendo." Bracton, 37''. See also Fleta,
B. 6, Chap. 28, Sect. 4.
* " Et quod assignatis fieri debet warrantia per modum dona-
tionis, probatur in itinere A¥. de Ealegh in coraitatu Warr.
circa finem rotuli ; et hoc maxime, si primus dominus capitalis
et primus feoifator ceperit homagium et servitium assignati."
Bracton, S8l\
t In Bracton, so far as I have read, and if I rightly understand
him, terms expressive of assignment always mean or include
subinfeudation. I ought, however, to mention that Bracton
(20**) supposes the assignment clause to have been introduced
for the benefit of illegitimate descendants. The passage is
condensed by Fleta as follows: —
" Si [terrra data] bastardo et suis hseredibus tantum, et
hseredes non habuerit, vel si habuerit et defecerint, quamvis
terram in vita sua alienaverit, adhuc erit escheata donatoris,
homagio non obstante : homagium enim talium cum vita eva-
nescit et respirat ; et ideo in favorem bastardorum inventa fuit
assignatio et constituta." Fleta, B. 3, Chap. 10, Sec. 1.
20 REGISTRATION OF TITLE.
men," in the reign of Edward the First. Their
grievance is so recited in the quaint English
translation of his statute Quia Emptor es Terrarum^
which, '' at the instance of the great men of the
realm" — and in imitation, apparently, of an ordi-
nance of Philij) Augustus of France* — conferred
on every freeman a right to sell his land at his will,
and compelled an immediate tenure of the chief
lord. '•^ Liceat unicuique Vibero homini terram suam
sen tenementum sen partem inde pro volimtate sua
vender e, Ita tamen quod feofatus teneat terram illam
sen tenementum de capitali domino per eadem servicia
et consuetudines per que feofator suus ilia prius
tenuity '\
Thus free trade in land was inaugurated by
Parliament about six hundred years ago ; and the
statutory right of alienation remains in its sub-
stance indefeasible.:!: ''If a feoffment be made
ujion this condition, that the feoffee shall not alien
the land to any, this condition is void ; because,
when a man is enfeoffed of lands or tenements,
he hath power to alien them to any 2:)erson by
the law. For, if such a condition should be
good, then tlie condition should oust him of all
* Cruise's Digest, Vol. I., pp. 15, 27.
t Statute Quia Emptores Terrarum ; 18 Edw. I., cap. 1,
A D. 1290.
X It did not at first extend to the king's tenants in capite, but
their disability was modified, and ultimately removed, by later
statutes. See, particularly, Stat. 1 Edw. III., cap. 12.
THE MEANS OF ALIENATION. 21
the power which the law gives him, which should
be against reason, and therefore such a condition
is void."*
Jus hwreditarium quasi ponderosum descendit — in-
heritance was originally transmissible only to the
lineal heii's of the purchaser. The purchased fief
afterwards became endued with tlie heritable
capacity of a fief of indefinite antiquity ; and the
purchaser's collateral heirs gained admittance to
the succession, by means of a fictitious derivation
of title from their lineal ancestor. Perhaps, in the
earlier phase of the law of inheritance, the ex-
istence of a person competent to inherit was a
condition of the proprietor's power to bind the
lord's escheat, along with the inheritance, by an
act of subinfeudation. For there certainly was
such a condition at a later period, when the right
of hereditary transmission was exceptionally jjent
up within its original bounds, by the proprietor's
illegitimacy, f or by the si3ecial terms of the
pm-chase under which he held. And, if "the law
will sooner suffer a mischief than an incon-
venience,":]: the condition might be lost in the more
extended inheritance, because of the difiiculty of
* Littleton, Sect. 360.
t " Nee bastardi dare poterunt, nisi bjeredes sibi legitime pro-
creaverint, cum assignatos per modum donationis sibi facere non
possint." Fleta, B. 3, Chap. 3, Sect. 11. See also Bracton, 20\
X Littleton, Sect. 231.
22 KEGISTRATION OF TITLE.
proving or disproving the existence of a collateral
heir. But to confine ourselves to facts. Under
the law in force at the beginning of the reign of
Edward the First, the proprietor's capacity of
transmission might be restricted to lineal heirs, or
to lineal heii^s male, or to lineal heirs female. A
mode of settlement called franhnarriage restricted
the descent of the settled land to the issue of the
particular marriage. The restricted inheritance —
or, as it was called, the fee-simple conditional, or
conditional fee — might be alienated by subinfeuda-
tion ; but not so as to interfere with the lord's
escheat, unless inheritable issue existed at the time
when the alienation took place. But the condition,
while fulfilled, was inoperative ; and the proprietor
of a conditional fee, having inheritable issue,
might transfer an indefeasible, though subordinate,
title in fee-simple absolute. This was another
grievance of the ''lords and other great men;"
which, five years before the statute Quia Emptor es
Terrariim, had been dealt with by the statute De
Donis Conditionalihiis '' Rex .... statuit
quod voluntas donatoris, secundum formam in carta
doni sui manifeste exjoressam, de cetero ohservetur ; ita
quod non haheant illl, quihus tenementum sic fuit datum
sub conditioner potestatem alienandi .... quo minus
ad exitum illorum .... remaneat post eorum ohituniy
vel ad donatorem .... sic exitus deficiat "*
* Statute De Donis Conditionalihiis, 13 Edw. I., cap. 1, a.d.
1285. My quotations are taken from Euft'head's Statutes ; but
THE MEANS OF ALIENATION. 23
This statute gave birth to a new species of in-
heritance, called a fee-tail, which was considered
by the judges to be only a part of the fee-simj^le.
If a proprietor in fee-simple granted a fee-tail, or
a dozen fee-tails in succession, he continued,
though in reversion, to be proprietor in fee-smiple
still. The fii'st entail took effect, from generation
to generation, till it failed. The next, if there
were more than one, followed in its turn ; and the
next, and the next, to the end of the series. No
entail, however low in the list, could be alienated
or destroyed; nor could the ultimate residue of
the fee-simple be taken away fi'om its proprietor
without his own active concurrence.
The law remained in this state till the reign
of Edward the Fourth; when entailed laud was
emancipated by the judges from the bondage of
inalienability. I will explain how this was done.
We may remember that the early method of
alienation founded a tenure, and was accompanied
by a warranty. If the title were afterwards dis-
puted by an action, the tenant vouched the lord to
warranty ; and the lord, on accepting the obliga-
tion, became defendant in the tenant's stead. If
the defence were misuccessfrd, the court not only
awarded to the claimant the land in dispute, but
also ordered the vouchee to give to the original
defendant an equivalent recompense in land. Or
I observe a good many verbal differences in the copies given by
Sir Edward Coke in his Second Institute.
24 REGISTEATION OF TITLE.
there might be a second voucher, and a triple
judgment; awarding the land to the claimant, a
recompense from the first vouchee to the original
defendant, and a recompense from the second
vouchee to the first.
The chain of dependence was broken by the
statute Quia Emptor es Terr arum^ but the practice of
warranty remained. We find a late example of it
in a record appended to the second volume of
Blackstone's Commentaries. It will illustrate our
subject to examine this document mth some par-
ticularity.
In the 21st year of the reign of King George
the Second, the king's original writ issued out of
Chancery — not the modern Court of Equity, but
the ancient legal Chancery, the Officina Justitice —
addressed to the sheriff of Norfolk, in favour of Mr.
Francis Golding, a clergjTiian, requfring that
Mr. David Edwards should restore to Mr. Golding
certain land in Norfolk, alleged to be withheld
from him, or should be smnmoned to accoimt for
the detention of it to the Cornet of Common Pleas
at Westminster.
The sheriff has sent the ^n'it to the Com't of
Common Pleas, indorsed T\'ith a return of the
names of two "good summoners," by whom Mr.
Edwards has been made acquainted with the king's
command that he should present himself at West-
minster.
What follows is recorded on a roll of parchment,
THE MEANS OF ALIENATION. 25
the ''fifty-second roll" of Michaelmas Term, 21
Geo. II. Tills remains with the com*t ; but Black-
stone had access to an exemjMJication of it, issued
in the king's name, and under the seal of the
court and the attestation of its chief justice.
The exemplification contains the following nar-
rative : —
Both parties appear in court on '/the octave of
St. Martin," the return day of the writ ; or rather,
perhaps, at the end of three days of grace — "for
our stm^dy ancestors held it beneath the condition
of a freeman to appear, or to do any other act, at
the precise time appointed."*
Mr. Golding solemnly reiterates before the
judges the complaint made by him to the Chan-
cellor on his application for the original writ. He
tells of his rightful and quiet possession " in time
of peace;" and of his receipt of "profits, to the
value of six shillings and eightpence and more,
in rents, com, and grass." One Hugh Hunt, he
goes on to say, dispossessed him ; and Edwards
has succeeded to this wrongdoer. In conclusion,
Mr. Golding "bringeth suit" — followers to certify
his credibility.
Mr. Edwards does not discuss Mr. Golding's
claim, having received the land from Mr. John
Barker, with a warranty of title. Barker, who
happens to be in court at the time, acknowledges
the warranty, and thus becomes defendant in tlie
* 3 Black. Comm., 278.
26 REGISTEATION OF TITLE,
stead of Edwards. He '' fm-ther Youcheth to war-
ranty" Mr. Jacob Morland. Morland, like his
predecessor in the defence, is opportunely present
in comi. He puts in a plea admitting the
warranty but denying the plaintiff's grievance.
" The aforesaid Hugh," he says, " did not disseise
the aforesaid Francis .... as the aforesaid Fran-
cis ... . doth suppose."
On hearing the plea, Mr. Golding " craveth
leave," " and he hath it," ''to imparl — " to confer
privately with Mr. ]\Iorland, ^\4th a view to a
compromise of the litigation — a process of re-
conciliation supposed to have been founded on a
precept of the Grospel.* The conference appears to
have exposed the weakness of the defence ; for, on
the day to which the action has been adjom^ned,
"the aforesaid Jacob, though solemnly called,
Cometh not again, but hath departed in contempt
of the com't and maketh default."
In one respect this tale is defective — there is
scarcely a word of trath in it. The Rev. Mr.
Golding's possession '' in time of peace" — the
collection of his ample and various revenues — Mr.
Hunt's dispossession of him — Edwards's succession
to Hunt — the several warranties — it is only on the
roll and the exemplification of it that these
occurrences have taken place. Barker, a tenant in
tail, has agreed to convey the fee-simple to Golding.
Edwards has been qualified, by a nominal gift of
* St. Luke, xii. 08.
THE MEANS OF ALIENATION. 27
title from Barker, to act the part of original de-
fendant in the process of judicial transfer. As for
''the said Jacob," he is the crier of the court.
The Judges now come upon the scene, and pro-
nounce their sentence. '' It is considered that the
aforesaid Francis do recover his seisin against the
aforesaid David of the tenements aforesaid with
the apj)urtenances ; and that the said David have
of the land of the aforesaid John to the value of
the tenements aforesaid ; and further, that the said
John have of the land of the said Jacob to the value
of the tenements aforesaid."
''Loosen the Jew doctor and hang the tailor
since he confesses the crime," said the judge in the
Eastern tale — a milder penalty has been passed
forward on the roll from the first defendant to the
crier ; but to record an actual rendering of " land
to the value of the tenements aforesaid" sm-passes
even the licence of judicial fiction.
A writ is sent to the Sheriff, requii-ing liim to
give possession to the successful j^lamtiJBf, and the
Sheriff reports that he has done so.*
Towards the end of the fifteenth century, en-
tailed land became subject to another method of
judicial transfer, called Sijinalis concordia, ov fine.
" The manner of lev}nng of fines" is prescribed
with much exactness, not forgetting the king's
perquisite for the licentia concordandi, by a statute
* Exemplification of a Recovery Eoll ; 2 Black. Comm. Ap-
pendix, 534.
28 EEGISTRATION OF TITLE.
of Edward the First.* The title of the statute is
in Latin, and the body of it in French, but I quote
from the English translation.
'' When the writ original is delivered in presence
of the parties before justices, a pleader shall say
this, ' Sir Justice, conge de accorderf and the
justice shall say to hini, ' Wliat saith Sir R,.?'
and shall name one of the parties. Then, when
they be agreed of the sum of money that must
be given to the king, then the justice shall say,
' Cry the peace.' "
The terms of the peace are next stated — not a
present transfer, for nothing, it seems, could be
done without a fiction — but an acknowledgment
of a previous transfer, though in truth none had
been made. Further ceremonies are mentioned ;
and the statute concludes with a statement of ''the
cause wherefore such solemnity ought to be done
in a fine" — '' because a fine is so high a bar, and
of so great force, and of so strong natm*e in
itself, that it concludeth not only such as be par-
ties and privies thereto, and their heirs, but all
other people of the world, being of full age, out
of prison, of good memory, and within the four
seas, the day of the fine levied, if they make not
their claim .... within a year and a day" ....
We liaA^c here a statutory compendium of a two-
fold operation belonging to a fine — I cannot say
exactly by common law, for the law had previously
* Modus levandi fines; 18 Edw. I., Stat. 4, a.d. 1290.
THE MEANS OF ALIENATION. 29
been altered — but at tlie end of the thirteenth
century. Parties and privies were bound imme-
diately, as by a judgment founded on agreement ;
strangers^ free from disability, and neglecting to
claim within a year and a day, became bound, as
by an adverse judgment, at the end of that period.
The fine's adverse operation was taken away by
the concise* Statute ofnonclaim (34 Edw. III., cap.
16, A.D. 1360); and was restored in a modified
form by the Statute of fines (1 Richard III., caj^. 7,
A.D. 1483) ; which merged in another Statute of fines,
of the following reign (4 Henry VII., cap. 24,
A.D. 1487). The restoration of the old law was
effected by a substantive re-enactment of it, and
not by a mere repeal of the statute of nonclaim
which had interfered with it. Now it was by an
express enactment of the statute De Donis Condition-
alibus — ''^ Si finis levetur .... ipso jure sit nullus'^ —
that entailed land had been withdrawn from the
operation of fines ; and when the law of fines was
carried forward into a statute later than the statute
De Donis Conditionalibus, the exception, not being
* " Item est accorde qe plee de noun claym des fins qe sonf
desore a lever ne soit pris ne tenuz pier barre en temps avenir."
This is the whole of the statute of nonclaim, except a general
enacting clause, at the beginning of a long list of chapters,
translated as follows : — " These be the things which our lord
the King, the Prelates, Lords, and the Commons have ordained
in this present Parliament, holden at Westminster the Sunday
next before the feast of the Conversion of St. Paul, to be
holden and published openly through the realm."
30 ' REGISTRATION OF TITLE.
re-enacted, was incidentally, and as it seems unin-
tentionally, repealed. Presently ''a great ques-
tion was agitated before all the judges,"* whe-
ther issue in tail were lyrivies or strangers; five
judges against tlu-ee held them to be privies;
and an Act For the Exposition of the Statute of Fines'^
gave a legislative sanction to this construction.
Until within the last few years it generally
happened that a claimant of land had made a lease
of it, and that his tenant had been expelled " with
sticks, staves, and knives," by a '' casual ejector."
The law was set in motion by an action in the
name of the ejected tenant, for recovery of his
possession, with damages for the outrage to which
he had been subjected. The trespasser, like our
old friend the crier, was careless of legal responsi-
bilities. He wrote, however, as a " loving friend,"
to the occupant of the land, advising him to get
leave from the court to take up the defence, lest
judgment should be allowed to pass by default,
and he should be turned out of possession. The
hint was promptly acted on by the occupant or his
landlord ; but, in fairness to the plaintiff, the court
only accepted the new defendant on condition of
his admitting the ''lease, entry and ouster," and
confining his plea to a denial of the claimant's
competency to grant a valid lease. And thus, by
a liappy interchange of civilities, the title was
* Dyer's Eeports, 3* ; a.d. 1527.
t 32 Henry VIII., cap. 36, a.d. 1540.
THE MEANS OF ALIENATION. 31
brought to trial in an action by a fictitious
plaintiff, complaining of a fictitious aggression on a
fictitious lease. With the aid of Messrs. John Doe
and Richard Roe, or other professional litigants of
inferior celebrity, the claimant slipped out of the
net of special pleading, and asked the cornet for
possession, without saj^ng why he ought to have
it, or how he happened to have lost it. And, which
is more to our present pui'pose, he evaded the legal
right of the feudal tenant, or freeholder^ to answer
for the freehold in judicial proceedings. The
earlier contentious remedies gave place to the
action of ejectment ; and, after long disuse, were
abolished within the memory of the present genera-
tion. But judicial transfers adhered to the venera-,
ble forms prescribed by the common law. Was it
then a condition of the validity of a fine or a
recovery that the ■\A'Tit which founded the collusive
judgment should have issued against the free-
holder ? This was so, as to the recovery ; and, at
first, as to the fine. But the later statutes upheld
the fine, so far as it was an agreement, though
levied in an action irregularly commenced. Wlien,
therefore, it was held that the issue were privies to
the tenant in tail, the gist of the decision was, that
a tenant in tail in remainder or reversion after a
prior estate of freehold, though he was not com-
petent to suffer a valid recovery, might yet bind his
issue by an iiTegular fine. Thus, under an ordinary
settlement, giving a life estate to a person about to
32 REGISTRATION OF TITLE,
many, with successive remainders in tail to liis
expected sons, the eldest living son, on attaining
his majority, might bind his issue by a fine; but
could not, during the life and without the con-
currence of his father, defeat by a recovery the
titles of his brothers. And though fines and
recoveries have been lost to the English law since
1833, their essence is preserved in that masterly
specimen of legislation which ordained simple
forms in their stead.*
Fee-simple and fee-tail are classed together as
freehold of inheritance ; and the name contains a
summary of the feudal period of their liistory.
The earliest feudal property was freehold, pure
and simj^le — free, by contrast with serfdom ; hold,
because realised by possession — lifefreehold, by
natm*al congruity with the personal engagements
by which the tenancy was accompanied. The
Jfreehold acquired the capacity of reproducing itself
by inheritance ; first, in the lineage of the pur-
chaser; and afterwards, more generally, in the
lineage of his ancestors. The fee next parted into
two species — fee-tail, an indefeasible perpetuity of
succession, which, in the '^ struggle for life,"t has
become nearly extinct ; and the alienable fee-simple,
a present perpetuity of ownership, whose history
has yet to tell of new transformations. But the
* 3 & 4 Win. IV., cap. 7i.
t Darwin's Origin of Species, Chapter 3.
THE MEANS OF ALIENATION. 33
original element remains. An immediate and con-
tinually recmTing tenancy for life, or for an mi-
certain period wbich may last for life, is the ever-
present* representative of the perpetual privilege
or office of proprietorship. And perhaps natm*ally
so. For the fmiction of perpetual title is to de-
velop an endless series of lawful possessors ; and a
self-acting law of personal succession must, in the
distant future, be relative to life.
The freehold remains, though its subject be
qualified — for examj^le, by an annuity, or a right
of way, or common, or mining. And the freehold
gives possession, though a lessee for a term of
years be interposed between the j)roprietor and his
land. For possession is the enjoyment of the fruits
of the right of property, not the bodily presence of
the agent of production. It is true, indeed, that a
very long lease at a peppercorn rent is a sort of de-
formed ownership ; but, in the common run of
cases, there is truth as well as history in the legal
maxuB, that "the possession of the termor is the
possession of the freeholder."
Being limited by death, and perhaps subject also
to other contingencies, the freehold has no cei-tainty
of continuance beyond the passing moment. Cor-
poreal and evanescent — how shall we define it?
" The possession of the land, . . . after the law
* " It is a rule of law, which admits of no exception, that the
freehold cannot be in abeyance." Fearne's Contingent Ee-
mainders, p. 41, Butler's note.
F
34 REGISTEATION OF TITLE.
of England, is called the franktenement or the
freehold."*
To identify title with possession would by no
means destroy the proprietor's right of possession.
For land cannot be utilised without being ap-
propriated. Property is needful, if only as an
instrument of cultivation. And the need has been
supplied by the method of ''natm-al selection"t —
the office of proprietorship is already full. Nor
can society have a right to displace one of its
members to make room for another. For property
in land, though perhaps really disintegrated
from the communism of an early tribe, ^I is, in
relation to political society, as if it had a pre-
social origin — as if, by a common right of
humanity, some first occupant possessed himself
for use and improvement of a portion of the
unemployed common stock of nature at a time
when that common stock was abundant. And, if
occupancy ever gave a title, it must, so far as I
can see, give a title still — a title to the possession,
pre-social and natm^al, though newly conditioned
by the change from abundance to scarcity which
society has brought about. I will not go the length
* Doctor and Student, Dial. 2, Chap. 22 ; 2 Black. Com. 104.
t Darwin's Origin of Species, Chap. 4.
X " We have the strongest reason for thinking that property
once belonged not to individuals nor even to isolated families,
but to larger societies composed on the patriarchal model."
Maine's Ancient Law,. 268.
THE MEANS OF ALIENATION. 35
of sapng that property might claim admittance,
after language,* to a place among the j^l^ysical
sciences ; yet a natiu'al growth of appropriation was
one of the elements from which political society
was formed or developed ; and a like j)hysical after-
growth is proverbiallyt prominent in the institu-
tion of property as it stands.
If, as some have thought,^ the earliest right of
property in land was a present consequence of
present occuj)ation, it was incapable of prospective
disposition, and was only transferable by a
change of possession. Xow this possessory
method of transfer, whatever was its origin,
continued to be exclusively prevalent in England
when Littleton wrote in the middle of the fifteenth
century. We may now-a-days transfer goods and
chattels by deed, as when a debtor gives a bill
of sale of his fm^nitm-e ; but in Littleton's system
of land-tenm'e there was no method of transfer,
present or prospective, when a change of posses-
sion was possible, except a change of possession.
A deed might bind its maker to enfeoff, or
preserve a memorial of his having done so, or
impose upon him a warranty of title; but the
* Max Miiller on the Science of Language, Lecture 1.
t " Possession is nine points of the law."
X " Many writers .... have laid down that, in the beginning
of things, occupancy first gave a right against the world to an
exclusive but temporary enjoyment, and that afterwards this
right, while it remained exclusive, became perpetual." Maine's
Ancient Law, 253.
36 REGISTRATION OF TITLE.
transfer of title was effected by the livery of seisin
alone. Even a recovery — nay a fine, though
acknowledging a previous feoffinent — was in-
competent to effect a change of property, till
'^ completed by a record of the execution of the
judgment.
It was understood, however, in Littleton's time,
as his book shows,* that possession might be re-
ceived to the use of others ; and the rising equitable
jm'isdiction of the Chancellor had already begun to
protect the rights of the persons to whom the use
belonged. The legal proprietorship remained,
with its law of possessory disposition ; but a new
law of '' equity and good conscience" sent the
legal proprietor to prison if he declined to give
effect to the purposes for which his legal title had
been constituted. And, as these might be un-
limited in dm-ation, the use might be a sort of
permanent proprietorship.
Was the use lawless, because ignored by the
courts of law? By no means. JEqnitas scqiiitur
legem. We must admire the wisdom and modera-
tion which maintained, with scrupulous exactness,
the established law of beneficial enjoyment. Not
only did the Court of Chancery adhere to the law
of descent, and to the recognised division of title
into estates for years, for life, or in tail; but it
even accepted fines and recoveries as a part of the
law of entail, because those legal forms themselves
* Sections 4G2 to 464.
THE MEANS OF ALIENATION. 37
were the only measure of the degree of friction by
whieh their action was impeded.
Yet, indirectly, the Court of Chancery gave to
the equitable proprietor an enlarged power of
disposition, by rejecting, as inapplicable to the
equitable title, the method of transfer by change
of possession, and substituting for it an expression
of intention. Transfer by change of possession
was necessarily immediate. It might deal out the
title in successive portions, but only in a con-
tinuous series. It might be wholly defeasible, but
could not fail partially, nor be shifted to a new
transferee. Transfer by expression of intention,
on the contrary, might take eifect from a future
period. It might cause equitable interests to
arise or cease, or to shift from person to person,
on the occurrence of future events, or the
performance or neglect of conditions, or the
execution of powers of creation, destruction, or
transposition.
But the equitable title, after all, was only a
right to require performance of a personal engage-
ment. Its existence depended on the continuance
of the legal title and fiduciary tenm-e of the person
who had taken upon himself an equitable respon-
sibility. If, for example, the legal proprietor died
wdthout hcii's, the title failed ; if he sold the land
and transferred the legal title to a pm-chaser who
had not notice of the use, the fiduciary tenure
failed ; and, in either case, the use was invalidated.
38 REGISTKATION OF TITLE.
The requisite legal adjustments were maintained
by vesting the legal title in a body of feoffees, so
as to pass to the sm-vivors when a death occm-red ;
and by vesting the title of the survivors in a re-
constituted body of feoffees, on the appointment of
a successor to the deceased » Now there were laws
against giving land hi mortmain — against putting
it, as one might say, into a hand that never died —
for it was chiefly on a change of tenancy by death
that the seigniory was profitable. The feoffeeship to
uses was justly regarded as a new sort of mortmain ;
and an Act of Parliament was passed in the reign of
Henry the Eighth, called the Statute of Uses,* for
transforming uses into legal estates, and so bringing
them within the laws of tenure. Uses were thus
transj)lanted into the common law, but their roots
were left in the ground ; and a modern system of
equitable titles survives under the name of
trusts.
The founder of a modern settlement cannot tie
up his title for a longer period than during a life
or lives in being, and twenty-one years ; nor can
he, since the Thellusson Act,"}" cause an accumula-
tion of income for nearly so long a period ; but, in
other respects, his power of disposition has no
practical limit or restraint. He can even choose
whether his gifts shall be legal or equitable. Legal
gifts bind the land; equitable gifts bind the
* 27 Henry VIII., cap. 10, a.d. 1535.
t 39 & 40 Geo. III., cap. 98.
THE MEANS OF ALIENATION. 39
person of the legal proprietor. The practical
distinction between them is, that if the land be
wrongfully sold to a purchaser who has not notice
of the settlement J the purchaser is defrauded if
the settlement is legal, the beneficiaries if the
settlement is equitable. That anybody should be
defrauded implies defectiveness in the machinery of
transfer, and I hope to show presently that per-
fection is attainable. And as there would be no
substantial difference, under that condition, be-
tween a legal title and an equitable title, we may
suppose, for the purpose of the present argument,
that modern legislation has accomplished what the
Statute of Uses attempted — the fusion of law and
equity.
Testamentary disposition of land was unkao^ai
to the common law, being out of range of the pos-
sessory method of transfer.* The use, however,
might be given by will ; and the preamble of the
Statute of Uses tells of ''persons visited with sick-
ness," who, ''in theii' extreme agonies and pains,"
had been " provoked by greedy and covetous
persons lying in wait about them," to dispose in-
discreetly of their inheritances. The Statute of
Uses consistently withdi'ew the power of testa-
mentary disposition ; but a later statute of the
same reign| partially restored it; and its resto-
* Bracton, 49*.
t 32 Henry VIII., cap. 1 (a.d. 1540). See also 34 & 35
Henry VIII., cap. 5.
40 REGISTRATION OF TITLE.
ration was completed by a statute of Charles the
Second.* It is now as large as the power of
disposition by deed.
I have finished my tale, and the moral of it is,
that our law began by looking at alienation on one
side, and has now turned it round to look at the
other. For, if the title which is alienated is not
the mere condition of a thing, neither is it the
mere attribute of a person. It is a proprietary
relation between a person and a thing. Now
this relation may be indefinitely complicated, but
its action is uniformly simple, and in action only
is it visible. It is a cause which unfolds and un-
ravels itself in becoming an effect — a force which
is luminous at a point of contact — not a naked
right, but a justa causa possidendi — a jmis et seisince
conjunctio. Its substantive principle, to which all
else is relative, is a power of dominion, immediate,
apparently rightful, and presumptively perpetual,
namely. The Possession. Such, at least, is my
proposition ; and it will be my endeavour, in the
ensuing chapters, to justify it, by providing means
— ^very simple and inexpensive means — for regis-
tering Title, with truth and completeness, in its
natural relation to Possession — just as Thought is
registered in relation to the simple sounds by
whicli it is naturally uttered.
We have a great defect to remedy, but no posi-
* 12 Charles II., cap. 24.
THE MEANS OF ALIENATION. 41
tive obstruction to remove. The right of alienation
is a legal incident of the right of property. The
legal expression of the act of transfer need only
add five syllables* to the names of the parties and
the description of the land ; and any description
by which the land can be practically identified is
legally sufiicient. In the boasted parliamentary
title of the fundliolder, a modern reproduction of
feudalism has limited the power of transfer to one
fixed spot. No lingering adherence to ancient
usage has maintained, in the title to land, a similar
limitation. The power of transfer accompanies
the landowner wherever he goes. The title to
half an English county might be transferred in
New Zealand, by three or four lines written at the
end of a letter, and sent home by post, unauthenti-
cated, even unattested, to be stamped after arrival
with the same moderate rate of ad valorem duty
which is payable on a transfer of railway shares.
* A,B. grants to CD. and his heirs [such a piece of land].
42
CHAPTER II.
THE DEFECTIVENESS OF THE MEANS OF ALIENATION
REMEDIABLE BY REGISTRATION OF TITLE.
Payments are made half yearly at the Bank
of England to the registered holders of Govern-
ment annuities, or funded property. Now the
fundholder is entitled to alienate what he is
entitled to enjoy; and transfer is as simple as
receipt of dividends.
Funded property belongs to the class of stock ;
a name which, in a large sense, may apply
wherever a mass of capital more or less minutely
divisible is distinctively divided only by appropri-
ation, like water drawn in pails from a tank.
Other joint capitals are held in shares, distinctively
numbered, and, when connected by unity of title,
combining only externally, like stones in a wall.
Both varieties are, in general, subject to a common
method of registration ; which, however, is modi-
fied by the above-mentioned difference in the
manner of distribution. For to certify j^roprietor-
ship of a thing wliicli may chance to coalesce with
DEFECTS REMEDIABLE BY REGISTRATION. 43
another like substance, and so to lose its identity,
may involve a sort of warranty if it tui'ns out
afterwards that the certificate was made in error.
Accordingly, whereas in the instance of funded pro-
perty a liability practically unconditional seems
to be contracted by the Bank of England on
admittance of a bona fide purchaser to the
register — a railway company incm-s, on the regis-
tration of a share-transfer, only that degree of
responsibility which is generally incident to the
performance of an imperative public duty ; nor is
it bound to make good the consequences of a latent
defect either in the title of the outgoing share-
holder or in the instrument of transfer. But, in
both cases alike, the register is in practice accepted
by the intending pm^chaser as reliable evidence
of a power to sell.
B}' the register of funded property — to return to
om- first example — an apparent ownership is attri-
buted to the last of a series of persons, to whom the
funded property has continuously yielded its half-
yearly fruits, and by whose names the register has
been occupied during these res]3ective periods of
enjo}Tiient. Title is brought to view by regis-
tration of possession — by a register jDossessory in
its object, the immediate payment of dividends ;
in its action, co-incident with changes of posses-
sion; in its effect, an appropriation defeasible if
^Tongful, though accompanied, if it is so, by a
virtual contract of indemnity. On a purchase
44 EEGISTEATION OF TITLE.
of railway shares (if further illustration is needful),
reo-istration is even more unquestionably posses-
sory; for the purchaser's title comes from the
seller's deed of transfer, and the company has no
jDower to add to it.
Now, possession being the subject of registra-
tion, land has a greater natural aptitude for regis-
tration than stocks and shares ; for these are em-
bodied by registration in order that they may be
possessed, but land has a corporeity of its own.
I proceed to sketch a method of registration
which I propose to aj)ply to land, in imitation of
that which has been applied to stocks and shares.
The possessor of the land is registered as
presumptive owner ; and, on his death, if nothing
appears to the contrary, his legal representative
is admitted in his stead.
Means are pro^aded for registering a new posses-
sor whenever a new right of possession arises. If,
for example, possession is held by a life-tenant under
a settlement, the person next entitled is admitted
at his death. The machinery is so far new; it
is worked by the pressm^e of the title in occupa-
tion. For, unless the legitimate successor comes
forward, the representative of the deceased may
become, to liis prejudice, possessor and presump-
tive owner. And, if the successor comes forward,
his claim, however complex, presents itself as the
claim of one ascertained person against another,
DEFECTS REMEDIABLE BY REGISTRATION. 45
to be settled between the two by consent or ad-
judication.
As a fiu-ther novelty, means are provided for
the registration of matter affecting- the title before
it has begun to act upon the possession. In the
example just given — namely, that of a life-tenant's
possession under a settlement — the settlement
may be put upon the register by any person,
or by each of several persons, interested mider it ;
to stand, like the land itself, in the name, or in
each of the several names, of the person or
persons on whose behalf it is adduced ; not tlu-OTVii
do^ai, as a log in the path, for two generations to
stumble over, but controlling the possessory pre-
sum]3tion by a regulated pressure, to be taken
off when it has ceased to be needful.
Registration of a settlement is a notice of asser-
tion of title ; a lease or a mortgage will generally,
by consent, be registered as a charge on the pos-
sessor's presumptive ownership. In this case the
derivative title is introduced into the descrij)tion
of the princii:»al title, and is also registered sub-
stantively.
The operation of the register, though greatly
beneficial immediately, must necessarily be im-
perfect during a period of transition. Not a very
long period however; for the remotest title is
capable of present registration. And the newly
registered title may, for commercial pm'poses, be
made current by insm'ance.
46 EEGISTEATIOX OF TITLE.
Each entry on the register is duplicated by a
movable certificate.
The possessor's Land-certificate^ in particular,
shows how the principal title is qualified, or
declares its simplicity.
The Land-certificate is transferable by indorse-
ment, like a bill of exchange. Wliy not ? Is not
the right of alienation intrinsically simple, whether
the alienable title be simple or qualified, and
whether the subject of title be a field or a pecu-
niary claim ?
The Land-certificate may be deposited as a
pledge for securing the repa^Tiient of money : and
the Deposit-note is transferable by indorsement,
like a bill of exchange. Wliy not again? Is
there any reason why the cliief element of national
wealth, a thing of undiminishing value, safe within
our oT\ai shores, and which cannot be destroyed
or embezzled, should be in a manner hoarded by
its own inertness ?
To obtain the Land-certificate and the Deposit-
note, we must register the Land and the Pos-
session. Registration of the Land itself mil be
our subject in the next chapter.*
* I may be permitted here to mention that my first proposi-
tion on the subject of this volume — " Outlines of a plan for
adapting the machinery of the Public Funds to the Transfer of
Real Properly'' 1S41, p. 66— was to the best of my belief the
first specific and detailed proposition ever made in this country
for the registration of title to land. While preparing it, I pro-
cured a copy of tl)e report of the Keal Property Commissioners
DEFECTS REMEDIABLE BY REGISTRATION. 47
on Eegistration (1830), with its appendix ; and learned, for the
first time, from a perusal of the appendix, that the general
notion of imitating the machinery of the funds had been sug-
gested by Mr. Fonnereau and Mr. Hogg to the Commissioners,
though not alluded to in their report. — (Appendix, pp. 11, 52,
and 96.)
My plan was again published in 1846, in an article " On the
Registration of Landed Property,^^ in the Westminster Review,
Vol. 45, p. 107 (in which I dated the forms twenty years for-
wards, as an estimate of their chance of progress) ; and again
in the same year, in a report of a committee of the Law Amend-
ment Society, recommending " A Register under which Landed
Property ivould be transferable like Stock in the Public Funds"
(which report, with others of the Society's papers, was presented
to Parliament in 1851, and is printed in the Parliamentary
papers of that year) ; and again in 1850, with an approving
mention, and a full set of forms, in the report and appendix of
the Registration and Conveyancing Commissioners.
Since 1850, Registration of Title has been almost constantly
before the public. It has been discussed in papers read before
the Law Amendment Society, and in reports upon them, and in
pamphlets and other publications. In 1853, it was recom-
mended by the report of a Committee of the House of
Commons ; and in 1857, by the report of the Registration of
Title Commission. In 1860, 1861, and 1862, it became law in
South Australia, New Zealand, and Victoria. (See copies of
Acts presented to Parliament, and Mr. Duffy's "Land Law
of Victoria.") And, in 1862, its introduction into England was
commenced by the Chancellor's Land-transfer Act.
48
CHAPTER III.
EEGISTKATION OF THE LAND ITSELF.
Land is divided by boundaries and external
features into parts which, like shares in a railway
company, might be registered by reference to
numeral symbols. For the six northern counties
of England such a Register of Land has been,
to a great extent, already provided.
I allude to the Ordnance Maps.* These are on
four principal scales. The national scale is one
inch to the mile ; the county scale, six inches to
the mile; the parish scale, 1-2,500, or 25*344
inches to the mile ; the toivn scale, generally, or at
least preferably, l-500th, or 10'56 feet to the mile.
A series of scales can be produced from one
survey; for any larger scale can be reduced to
any smaller scale by photogi'aphy at a nominal
expense, j*
* In the preparation of this chapter, I have been indebted to
the oflBcera and gentlemen of the Ordnance Survey establish-
ments in Southampton and London, and especially to Colonel
Sir Henry James, E.E., the Director of the Survey, for in-
formation readily and kindly given in answer to my enquiries.
t Report of Cadastral Committee (1862), p. vi.
REGISTKATION OF THE LAND. 49
The Maps on each of the several scales are pub-
lished in sheets. A sheet of the County Map
contains sixteen sheets of the Parish Map ; and
a sheet of the Parish Map contains twenty-five
sheets of the Town Map.
This adjustment of sheets facilitates an extension
of the maps on either of the larger scales. Thus
portions of Lancashire and Yorkshire, which in
general are mapped only on the county scale, may,
if it should be found necessary, be re-mapped on
the parish scale ; and the parish sheets will at once
fall into their places in the county map. Again,
a town district of a parish, mapped on the parish
scale, may be re-maj^ped on the town scale ; and
the town sheets will fall into theii' places in the
parish map.
There is a convenient adjustment, likewise, of
the numbering of the sheets of the maps on the
several scales. The County Sheets are designated
by Roman numerals, thus — " Sheet XXVII. :" the
Parish Sheets, by Arabic numerals added to the
Roman numerals, thus — '' Sheet XXVII. 1:" and
the Town Sheets, by the addition of a secondary
Arabic numbering, thus—'' Sheet XXVII. 1. 13."
I have been describing the numbering of tln-ee
maps, of which portions are given for illustration
at the end of this volume, viz. — the Dm-ham
County Sheet XXVII.: the St. Oswald Parish
Sheet XXVII. 1 ; being the first of the sixteen
parish sheets into which the County Sheet XXVII.
H
50
EEGISTEATION OF TITLE.
is divided : and the Dui'liam City Sheet XXVII.
1. 13 ; being the thirteenth of the twenty-five
town sheets into which the Parish Sheet XXVII. 1.
is divided.
I am indebted to the kindness of Sir Henry
James for the following sketches of the positions
of the Parish Sheet XXVII. 1. and of the Town
Sheet XXVII. 1. 13.
Position of the Parish Sheet XXVII. 1. in the County Sheet.
Co. DURHAM. Sheet XXVII.
I£4^
2
3
4-
5
6
7
8
9
10
II
12
13
14-
15
16
Position of the Town Sheet XXVII. 1. 13. in the Parish Sheet.
St. OSWALD Ph. Sheet XXVII. 1.
1
2
5
4
5
6
7
S
9
10
II
12
r/^
14
IS
16
17
18
19
20
21
22
25 .
24-
Q5
Each inclosm^e or material division of land is
distinguished by a nmnber on the Map, and by
the same number in a Book of Reference founded
on the Map. When tlie system of mapping is
REGISTRATION OF THE LAND. 51
complete, the numbers will always be given on the
map of the largest scale : on the Town Map, if
there is one ; or, if none, on the Parish Map ; or,
if none, on the County Map. And here I may
obsei^^e that the county scale is that of the Ord-
nance Maj) of Ireland ; which — with the aid of the
national map, on the one-inch scale, as a more
comprehensive picture of tlie country, to indicate
the general position of estates offered for sale — is
largely in use, in the Land Court and otherwise,
in the transfer of land. So that we might well
establish a register of title on a map of the county
scale ; and a subsequent enlargement of scale,
though it might improve the machinery, would not
set aside what had previously been done.
I have reprinted in an Appendix the published
Book of Reference to the Ordnance Parish Map
of St. Oswald, in the county of Durham, which
contains, along with the parish of St. Oswald,
three other parishes and two extra-parochial
places, chiefly referred to in the Imnp as so
many acres of town.*
At the beginning of the Book of Reference there
is a Map-index, on the scale of an inch to the
mile, which may serve for an example of the scale
of the National Map. Fractional parts of an acre
are stated in the Book of Reference in decimals, but
there is a table at the beginning for tm^ning the
decimal parts into roods and perches.
* Appendix, pp. 69—73.
52 REGISTRATION OF TITLE.
The imits of land are aiTanged in local clusters
hj to^saisliij^s and detached parts of townships,
each having its own series of numbers. In the
parish of St. Oswald there are four entu-e town-
ships ; a fifth, in two divisions ; and a sixth, in
tln-ee divisions ; making, altogether, nine divisions,
and nine sets of nmnbers.* It is obvious that a
manageable register of all the land in the country
might in this way be formed, under the classes
and sub-classes of counties, parishes, and town-
ships or divisions of to^vnships.
There is to be a revision of the Ordnance Survey
once in fom-teen years, which can be effected, it
seems, without expense to the public, f
But is a Public Map needful to a Register of
Title ? The Chancellor's recent Land-transfer Act
attempts to dispense with it. I had the honour,
six years ago, of submitting to his Lordship and
the other members of the Registration of Title
Commission some considerations on this question,
which, mth other reasons, compelled me as a
member of the Commission to dissent singly from
* Appendix, p. GS.
t " When once the Cadastral Survey is completed, it would
be necessary to revise it once in fourteen years. This would
cost something under £10,000 per annum— an amount which
would be amply covered by the profits arising from the sale of
the maps. The revision would therefore be carried on without
any expense to the public." — Eeport, p. vi.
REGISTRATION OF THE LAND. 53
the draft of the report. Adhering to the opmion
then expressed, I will conclude this chapter with
an extract": —
^^Registration of the Land itself. — Here, at least,
we have something- tangible to deal with. It may
be difficult to ascertain the proprietorship, but it is
not at all difficult to make a map of the land. We
have maps for tithes, for parish rates, for inclosures,
for public works. There is to be a new Govern-
ment sui'vey, it is said, on an enlarged scale, with
a direct view to the registration of landed property.
We have private maps of all kinds ; maps of dis-
tricts and estates, maps on conveyances, and even
very commonly on leases. And it has been proved
before the Commission* that the expense per acre
of revising a map, or even making a new one,
would be very small.
'' Of course I cannot deny that the expense of
mapping the whole country would amount to a
large total sum ; but this total would necessarily
be spread over a period of several years, and
would be very much less than the aggregate of
expense which might be saved by the map to the
landed interest. It costs more to make a railway
than to keep up a road, yet railway travelling is
economical as well as convenient. Nor is that
facility for instant and rapid motion, Avhich the
new mode of transit has conferred upon the whole
* Evidence of Mr. Blarnire and Colonel Dawson ; Appendix
to Report, pp. 255 and 289.
54 REGISTRATION OF TITLE.
community, an inconsiderable benefit even to those
members of the community who may happen for
the moment to be in a ' state of re^t.'* But,
whether we are or are not prepared to face the
expense of making a public map, it seems to be
vain to attempt to register title without one.
'' ' Without a map,' says Mr. Warner, ' there
might be several registered owners at one time of
the same land.'f Now it is to be remembered
that Eegistration of Title means something more
than registration of an assertion of title by the
claimant. It must include some kind of recog-
nition by the State of the actual existence of title,
certainly or presumptively. Is the State then to
give its sanction to several competing titles to the
same thing ? How is the true proprietor to detect
the spurious titles ? He may himself have de-
scribed his land on the register by its dimensions
and boundaries ; but Mr. John Doe, having regis-
tered a conveyance containing general words of
description, such as ' all other, if any, the lands
and hereditaments of Richard Roe' in such a
county, presently asserts that the land specifically
registered is included in this general description.
The deed which contains the general words was
executed before the passing of the Register Act,
and must, therefore, be construed according to the
* Mr. Goodeve's letter to the Lord Chancellor (referred to in
his communication to the Commission) ; Appendix, p. 358.
t Mr. Warner's communication; Appendix, p. 324.
REGISTRATION OF THE LAND. 55
law in force at the date of its execution. Nor do
I see how any provisions of the Register Act, or
any rules which might be promulgated under its
authority, could prohibit, even prospectively, the
expression of private transactions by general words.
What precise degree of generality is to be the
measm-e of illegality? Ai-e the words 'more or
less' to be excluded from a statement of dimen-
sions ? May not a reference to occupation dispense
with an exact description of contents and boimda-
ries ? And if a description relative to occupation
be permitted, on what princij^le can a description
relative to ownership be forbidden ? If occupation
or o\\aiership may suffice to identif)^ the bounda-
ries, why not to identify the land bounded ? If a
landowner has a sudden and lu^gent occasion to
enter into a binding contract, caj^able of registra-
tion, at some place where he has not the means of
referring to his title-deeds or to a plan of his
estate, why shoidd he not be permitted to bind
himself by words of description which, though
general, contain a clear expression of his meaning ?
1 am here combating a theory which proposes to
dispense with an authoritative description of the
land. Now, if the Law does not itself undertake
the duty of description, how can it refuse to give
effect to any mode of description sufficient to
identify the thing described? If a specific de-
scription is only required for the pm-pose of ascer-
taining the subject dealt with, a general description
56 EEGISTRATION OF TITLE.
which fulfils this condition cannot in consistency
be rejected.
" Or let it be supposed that there has not been
any generality of description. The Registrar sees
before him an evident and undeniable duplication
of title to the same land, specifically described in
two competing conveyances, presented, successively
or concmTcntly, for registration. AVliat is the
Registrar to do under such circumstances? Is a
ministerial ofiicer to decide a question of right
without investigation or appeal by refusing regis-
tration to one of the claimants? And, when the
Law has sanctioned several inconsistent titles, how
is it to decide between them? On the mere
ground of priority of registration ? Such a rule
would bear hardly on the pm-chaser who has given
credit to the registration of one of the latter titles.
"Again, how is a person who has a claim
against a registered piece of land to find the land
on the register, unless it be indexed by reference
to a public map ? I will not ask whether he is
bound to find out all the registered titles, but how
is he even to make the most general enquiry about
the land in which he is interested if the only index
to the register is a list of names ? The land wliich
he is looking for may have been put into the name
of a trustee for the very purpose of defeating his
search. Now, if this unknown trustee, in whose
name the land has been registered, sells the land
and transfers it on the register, the right of the
REGISTRATION OF THE LAND. 57
claimant is gone; for it is the very object of regis-
tration to protect a transferee for value against
unregistered titles. Is the register then to with-
hold from the claimant an op^^ortunity of interpos-
ing his claim before a transfer takes place ? Shall
he not even be permitted to register the Us pendens
in wliicli he is claiming protection fi'om one of the
superior courts ?
'' Or let it be supposed that an estate is offered
for sale as unregistered land. A pm-chaser must, in
this case, ascertain the fact of non-registration, for
if the estate has been registered the ordinary mode
of conveyance will be a nullity. But, unless there
is a public map to refer to, how is he to learn
whether the land has been registered or not ? If
it be answered that a sale ought not to take place
without j^revious registration, it must then be
admitted that to disjDense T\T.th the public map mil
make registration compulsory by making un-
registered land inalienable.
^'I have heard it suggested that the Registrar
might by degrees compile a map-index from the
private maps and descriptions lodged in his office,
^^dth the aid of such general maps of the locality
as might be within his reach ; and it must in
candom- be admitted that some such process of
combination appears to have been adopted in
Sweden.* But, if a map-index is needed as a
* Appendix to Second Report of Real Property Com-
missioners, p. 4;66.
I
58 KEGISTKATION OF TITLE.
result, it is needed as a commencement ; for the
title fii'st registered has at least as much right to
be indexed as the title last registered. There is
no necessity for immediate legislation ; and if, in
the i^resent state of opinion, the cost of a map is
an obstacle, as it reasonably may be, to the estab-
lishment of a register, we shall, as it seems to me,
better advance the cause of Registration by waiting
the effect of ftQi;her discussion, than by a hasty and
vain attempt to produce effective results with
inefficient machinery."*
* Appendix to the Eeport of the Eegistration of Title Com-
mission (1857), p. 86.
59
CHAPTER IV.
REGISTRATION OF THE FREEHOLD OR POSSESSION.
'^ A MAP is, in fact, a rej)resentation of the ground
itself; the o^viiership may be ascertained and re-
corded as distinctly upon the map as it is upon
the ground."* But can this be done by au-
thority ?
At present, if we except the Land-transfer Act,
the State does not trouble itself in this matter. If a
man is in possession, he may so remain till some
one else shows that he ought to be sent away.
The law did not give him leave to take possession,
and does not know whether he is OTVTier or not.
His title, if he has one, may be proved in the
way in which mm-der is commonly proved, by
circumstantial evidence — by induction fi'om the
phenomena of possession, present and past. The
basis of the induction might be narrowed by
destro^ang the power of special disposition — as
the collection of agricultm'al statistics might be
facilitated by preventing the groTNi:h of an}i:hing
* Evidence of the late Colonel Dawson before the Ordnance
Survey Commission (1858). Appendix to Report, p. 36.
60 REGISTRATION OF TITLE.
but grass. But, leaving title unaltered, it is only
by the method of authoritative deduction that the
proof of title can be simplified. Now this method
of authoritative deduction is inapplicable to the
title itself, because of its complexity, as the ex-
perience of law reformers has amply shown. But
to the operation of title — the possession — it is not
inapplicable ; and a 2:)ossession deduced by autho-
rity, once for all, might present itself as a basis
for the induction of title in the form of an ascer-
tained result, instead of in the form of a retro-
sj^ective history.
But what would be the bearing of a deduced
possession on the exhibition of title ?
A man possesses his legs and arms by physical
union ; his false teeth, by incorporation ; his
watch, by bodily collocation ; his land, by a
connection of the same kind, though less in-
timate still. In all these cases, title is ope-
rative and visible in the form of a corporeal
relation, rightfid or apparently so, and, being
unlimited, presumptively perpetual. There may
be something in the background — some document
perhaps — to sliow that the possessory presumption
(except as to tlie legs and arms) is controlled by a
non-possessory title existing in competition with it.
But the presumption exists notwithstanding ; and
to rcgistc>r title truly would ho to register the
presumi)tion and the competition with it. And
this is exactly what T ])ropose to do.
REGISTKATION OF THE FREEHOLD. 61
During a period of transition, the register must
be subject to unregistered claims. Wliat is to be
the length of this period ? Can we, by Insui'ance,*
force the maturity of the register? On these
questions I hope it will not be out of place to
make a ftu'ther extract — my last direct quotation —
from my paper of six years back in opposition to
the report of the Registration of Title Commission.
"Although the registered freehold would be
only an apparent ownership, it would be co-ex-
tensive, presumptively, with the fee-simple. There-
fore the registration of the freehold would be an
assertion of title adverse to all other titles, whether
in possession or in remainder or reversion. Titles
in remainder or reversion, being thus interrupted
by the register before coming into possession,
would be provided by the register with a new
species of action adapted to their condition ; namely,
with a process for introducing into the register a
present assertion of a title yet future, in reduction
of the apparently complete title conferred upon
the freeholder by the registration of his possession.
Every kind of title being thus converted by the
register into a title capable of immediate assertion,
the period of limitation fixed by the Statute of
Limitations might, without any real alteration of
the existing law, be made to run against every
kind of title from the date of the registration of
* Insurance of registered titles against unregistered claims
was, I believe, first suggested by IMr. James Stewart.
62 REGISTRATION OF TITLE.
the freehold ; and the lapse of a period of forty
years from that date would then, according to the
existing periods of limitation, ensm^e the destruc-
tion of all unregistered claims.
"But it would, in my opinion, be absurd to
postpone for forty years the full benefit of regis-
tration by a servile adherence to the existing
periods of limitation. Surely it would not be
unreasonable to expect a person free from dis-
ability to register his rights within the time
allowed for the recovery of a debt, namely, six
years. I mention this period because there is an
authority for it, but am not sure that it might not
be safely and advantageously shortened. A per-
son under disability should be allowed some
moderate period, say two or three years, from the
removal of the disability: and some extreme
period must be fixed, after Avhich the register will
be in full operation against all the world; say
twenty or perhaps twenty-five years from the
date of the registration of the freehold.
" It should be mentioned that default in regis-
tering would not destroy tlie personal obligation
of any person bound to give effect to a claimant's
riglit ; though it would preclude any enforcement
of the right against the land itself, in the hands of
a person who had purchased it, for valuable con-
sideration and witliout notice, after the la})se of
the period witliin which the claimant's right ought
to have been registered.
KEGISTRATION OF THE FREEHOLD. 63
''In dealing with goods on board ship, it is
customary to accompany the bill of lading with a
policy of insm-ance, and the two instrmnents
together make up a secure title notwithstanding
the risk of shipwreck. On a similar principle, it
might become the practice, in dealing with land
for commercial pm-j)oses, to insure the registered
title against unregistered claims. The process
might be a very simple one. The title proposed
for insurance would, we may suppose, be pre-
sented tlu^ough a solicitor or other agent, on whose
known character a prudent Insurance Company
might place that large measm^e of reliance which
is customary among commercial men, and without
which commercial business could scarcely be
carried on. On calling with the title-deeds, the
agent, accompanied perhaps by his principal,
would be introduced to a conveyancer of com-
petent ability, belonging to the staff of the office,
who would compare the registered title -y^ath the
parcels in the last pm-chase-deed, and would look
generally into the other documents. A clerk
might be sent to Chancery-lane to search the
register in the Common Pleas Office; and the
policy of insurance might, in a simple case, be
issued on the day following that on which the
title-deeds were lodged. A very low rate of
premium might suffice for the insm-ance of a non-
hazardous title, without sj^ecial charge for the in-
spection of the deeds ; which would be put away
64 EEGISTRATION OF TITLE.
in a fii'eproof room, and might never be asked for
again ; though it would be a part of the contract
that a future purchaser might inspect them on
application, and obtain copies of them at his own
expense.
''Insm'ance of Title by Grovernment would not
in my opinion be expedient. Instead of the cheap
and expeditious practice which I have sketched,
there would be a long abstract of title to make out
and to copy and to compare with the deeds, and a
reference of it to a Government counsel ; who
would read it, in its turn, with a degree of delibera-
tion becoming the solemnity of the occasion ; and,
in a month or two, if the title were absolutely free
from any semblance of defect, the proprietor might
call at the Register Office for the certificate of
approval, and would have a long bill to pay for
it. But how if the title were not absolutely free
from defect? Is the Government, knowing the
existence or possible existence of an interfering
right, to receive a premium, that is to say a bribe,
as the price of an engagement to conceal the truth
and to oppose the power of the State to the en-
forcement of the kno\^ai but suppressed claim if it
should happen unluckily to be brought forward?
Or is the title to be apjiroved 7}iinus the defect, in
order that its weak jDoint may thus be conveniently
discriminated for the information of persons on the
look-out for opportunities of extortion ? Or is a
total refusal of the certificate of approval to certify
REGISTRATION OF THE FREEHOLD. 65
in effect the ascertained badness of the title as the
result of a Government investigation of it? In
making a contract with an Insurance Company
any defect in the title might be discussed privately,
and compensated by an increased rate of premium,
and the policy might be so framed as not to dis-
close the rate of premium ; which, however, could
always be shown, if it were desired, by producing
the receipt for the premium. But no Government
office could be allowed to deal with the rights of
absent parties in this way.
"It has been proposed that the certificate of
approval should have a more specific effect than
that of a private contract of insm-anee: that it
should not merely indemnify against pecuniary
loss, but, like the conveyance of the Commissioners
of the Incumbered Estates' Court, should confer a
parliamentary title to the land. Now, assuming a
most minute and cautious investigation of a title
by counsel and solicitors of established reputation ;
an apparent completeness of the evidence in its
favor, and its absolute freedom fr^om any appear-
ance of defect ; assuming also a reservation to any
and every claimant who might 23ossibly after all
turn up a right of action against the Government
for the recovery of all damages occasioned to him
by the destruction of his title — under these con-
ditions, I will not presume to say that an immediate
grant of parliamentary title might not be prac-
ticall}'^ innocuous, although theoretically indefen-
66 REGISTRATION OF TITLE.
sible. In other words, an immediate grant of
parliamentary title might be harmless in a case
where it would be needless ; for such an investiga-
tion as has been supposed, with the result supposed,
might of itself relieve a reasonable pui'chaser from
an apprehension of losing the specific subject of his
pm'chase ; and if in submitting the title to inspec-
tion he were not looking to his own specific
security, but rather to an increased facility for
intended ftitm-e dealings, of a kind likely to be
impeded by such an examination of title as a
pm-chaser desii'ous of specific security would be
willing to give — that is to say, for dealings requii'-
ing security, not because of affection towards a
specific piece of land, but for the sake of the money
which the land costs — dealings, therefore, bearing
a pecuniary value, and capable, if defeated, of a
pecmiiary compensation — then such an object of
relative security might be attained in a sufficient
degree, without deviation from sound principle, by
a private contract of indemnity.
" Registration would of itself work out a par-
liamentary title by degrees, and any attempt to
expedite the process must be beset -v\dth difficulties.
For let it be again supposed that the title sub-
mitted to Government examination is not abso-
lutely perfect. Tliough good enough, perhaps,
for all purposes of security, it suggests many
doubts and questions to the practised acuteness of
the conveyancing counsel by whom it is inves-
EEGISTRATION OF THE FKEEHOLD. 67
tigated. What then ? Are these to be paraded on
the face of a certificate of qiialiiied approval ? Or
is the Registrar to declare, by virtue of his new
parliamentary authority, that the defects which
have been pointed out to him b}^ his counsel shall
cease to exist ; charging a premium for this work
of destruction, as for an extra service ? Or is a
safe holding title to be condemned as bad, because
not theoretically faultless ?
^' The successful example of the Incumbered
Estates' Court in Ireland may be referred to as a
practical refutation of the foregoing observations ;
and I am aware that the eminent members of the
Incumbered Estates' Court Commission have re-
commended, unanimously, the j)ermanent ad-
mission of the principle of parliamentary title into
the ordinary administration of the law. I am
willing to admit, moreover, that an English
' Land Tribunal,' if once established, and worked
mth tact and daring by men as able as
the Commissioners of the Comi; in Ireland,
might on the whole give jDublic satisfaction. The
subject before this Commission, however, is not
a Land Tribunal but a Register; and the pm^-
port of my argument is not that parliamentary
title is an evil, but that the benefits of it oug-ht
to be administered continuously by registration,
and not intennittingly by a kind of periodical
outlawi^y.
''Investigation of title, as now conducted, is
68 EEGISTEATION OF TITLE.
directed not only to tlie 2:>resent seciu-ity, but also
to the fiitm'e exhibition of title. It is a process
for the perj)etuation of evidence, not less than
for the detection of latent defects. Now tliis
evidential character of the practice of convey-
ancing — a chief cause of its expensiveness — would
be confirmed and aggravated by a law giving to
the conveyancer's opinion the force of an Act of
Parliament. An Insurance Office would only
need to concern itself about the sufficiency of an
average premium to cover with a fair profit the
real average of risk: a counsel dispensing par-
liamentary title would not be dealing with any
question of chances and averages; he could not
use for his guidance that intuitive perception of
men and things by which half the business of life
is conducted ; he would not be acting on his own
judgment of the prudence of a trading operation ;
but must prepare himself to bring forward a body
of formal evidence, sanctioned by acknowledged
rules of practice, and producible in Parliament by
some futm-e Minister of Justice as the sufficient
ground for the exercise of a judicial, nay a
legislative authority.
"For the reasons above explained, I think that
Insurance of Title might be better and more
economically efiected l)y private enterprise than
by any system of Government guarantee. I think
also that a free competition of interest and intelli-
gence would be om^ best guide to the discovery of
EEGISTRATION OF THE FREEHOLD. 69
the proper scale of premiums and the most con-
venient com-se of practice."*
But why, it may be asked, should we register a
principle which is obvious without registration ?
Cannot the jDurchaser see and hear on the spot,
and without going to London to seek the pos-
session in a book, that the seller is actually
dwelling in his house, and feeding sheep on his
meadows, and recei\T.ng rent for his farms ? To
answer these questions by another- — why does the
seller make a map of his estate ? Not because ink
lines are more significant than hedges and ditches,
but because the majD can be lithogi^aphed and
circulated, and combined with a verbal description.
In the s}anbol the fixed becomes movable, and
the inert active. The map transmits the land by
post for inspection, and compounds it with other
matter in the particulars and conditions of sale.
Now the register of possession, like the ma^), rejore-
sents an outward appearance — the surface of the
title, if I may so call it — not to make it visible,
but to mobilise its visibility, and to facilitate
an exhibition of its relations and conditions.
Neither map nor register is tied to the local
position of the land; but the two symbols differ
in the modes of their severance fi'om it. For,
whereas the s}Tiibol of the land is altogether
* Appendix to Eeport of Eegistration of Title Commission
(1857), p. 90.
70 EEGISTEATION OF TITLE.
movable, the symbol of possession is fixed in
tlie registry, and movable in the hands of the
proprietor. The fixed record supplies a local
support or centre for non-possessory titles to
cluster on : the movable extract — certifying pos-
session in coincidence with ownership, or pos-
session and its appendages, as the case may be —
preserves to the possessor's title the quality of
ubiquitous transferability.
We are, then, to register possession not so
much for its own sake as with a view to the
more perfect exhibition of things external to it.
Now the abstract of title is, as we have seen, a
record of possession in time past. Has the
written possession its externals likewise? No
doubt it has; for documents may have been
omitted from the abstract. But the risk of
omission is slight ; for the j)ossession of a series of
documents apparently consecutive is reliable evi-
dence of their actual completeness. To make
this plain l^y an example. The seller, being in
possession, produces a deed under which he came
into possession ten years ago. This deed shows
indirectly that the title which it confers has been
retained; for if the title had been parted with
the deed would probably have gone with it. The
next preceding instrument of acquisition covers
in like manner another period of possession ; and
so on, step by step backwards, to the beginning of
the abstract. In old times it was usual to write
REGISTRATION OF THE FREEHOLD. 71
two copies of a deed on one piece of parchment,
with hierogljT^hics between ; and the parts, being
severed by an indenture^ proved themselves by
fitting:. Om- modern evidence of title is authenti-
cated by comiter-checks of a similar kind. Pos-
session is corroborated by a series of documents
showing a result coincident with possession. Con-
versely, the series of documents recommends
itself by the same coincidence. And the docu-
ments, as we have seen, warrant their own com-
pleteness by their apparent continuity.
But this method of authentication by counter-
checks, though seldom fallacious, is not very
artistical ; and law reformers have been trying
for two hundi'ed years to accomplish the desii^ed
object more formally, by some machinery which
should enable the holder of a document to put it
upon a register, and should protect a pm'chaser
against unregistered documents. Registration of
Assurances* or documents, has been in force for
a centmy and a half in Middlesex and York-
shire. If the reader would like to understand
it experimentally, let him buy from a builder
a house at the west end of London. He will
receive, as usual, an abstract of title to the house :
when he has mastered it, he must betake himself
to an office near Lincoln's Lm, to see an abstract
* See a very complete history of Registration of Assurances,
by Mr. Sandars, iu the Appendix to the Eeport of the Regis-
tration and Conveyancing Commissioners; p. 232.
72 REGISTRATION OF TITLE.
of title to the county of Middlesex. He cannot
say that an}i:hing is withheld fi'om him, for all
the deeds of all the Middlesex proprietors are
laid open to his view. From these documentary
treasm^es he is at liberty to select what belongs
to him. He may toil for a week, at a mode-
rate daily charge, to extract from a library of
alphabetical indexes the statistics of the Bm^tons
or the Cubitts, and to eliminate the scores or
hundi^eds of iiTclevant deeds to which his aching
eyes are directed. Of registration such as this,
the best that can be said is — ^tliat a nuisance which
has been tolerated for a hundi-ed and fifty years
cannot be absolutely intolerable.
The plan of the late Mr. Duval, recommended in
1830 by the Real Property Commissioners, pro-
posed to register assurances by reference to the
root of title — the first document of a series. But
the improvement would have been only partial,
as there must have been a good deal of alpha-
betical searching besides. The Registration and
Conveyancing Commissioners, twenty years later,
condemned Mr. Duval's plan for several cogent
reasons detailed in their report, and proposed a
map-index. All documents were now to be regis-
tered on the basis of a map. This was a step
in advance; but the map-index, as applied,
was objectionable too; and the House of Lords
had gone back to Mr. Duval, when the latest
of the bills for the registration of assiu-ances
REGISTRATION OF THE FREEHOLD. 73
was condemned by the House of Commons
in 1853.
Registration of Assurances is now, we may
hope, defunct: the legal problem of the day is
to register Title. But what is meant by Registra-
tion of Title ? The question was asked in some of
the ablest of the communications made to the
Registration of Title Commission.
By title I understand, with Mr. Christie, "the
actually existing ownerships or interests"* — the
whole system of rights to which the land is
subject. To register title, then, is to register, in
due connection and j)roportion, this whole system
of rights. This I j^ropose to do by utilising a
natural distinction, fully realised by oiu' ancestors,
but in oiu" o^m times greatly neglected, between
rights in possession and rights out of possession — a
distinction which will enable us, I hope, to bring
order out of confusion. By means of it we shall
give effect to the proposition made by the Regis-
tration and Conveyancing Commissioners in 1850.
For we shall build upon a map. All registered
matter, without the smallest exception, affecting
any given piece of land, will be notified in one
ledger account of the whole title, at a page stated
in an index opposite to the number given to the
land by the map ; and the same ledger account
will state the pages at which all that is notified
* Mr. Christie's communication to the Registration of Title
Commission ; Appendix, p. 32G, Section 10.
I.
74 EEGISTRATION OF TITLE.
may be inspected without any searcli at all. We
shall give effect also to the proposition made by
the Real Property Commissioners in 1830. For
title will be registered in relation to a first
23rinci2:)le — not, indeed, a possessory phenomenon
sixty years old, but the title's present operation.
Mr. Duval's plan we may accept — but with Posses-
sion as the root of title.
But is not the difference between Registration
of Assurances and Registration of Title a mere
difference in degree ? Is not all registration a
social action for the establishment of title ? Perhaps
so, in a very general sense ; but there are widely
different modes of social action. At present, ex-
cept in Middlesex and Yorkshire, society estab-
lishes title only by a post-contentious activity —
ignoring it till distm^bed, and then jirotecting
it. In Middlesex and Yorkshire, society also
discloses the existence of such documents as
are registered. Under the Land-transfer Act,
society undertakes to establish the whole of the
title which it registers. I propose, as a fourth
mode of action, that society should ascertain and
establish a riglit of possessicm, whole or divided ;
and should exhibit, in relation to possession, an
assertion of non-possessory rights.
The class of land-owners has lost the privilege,
or been relieved from the duty, of exclusively
responding to a call fi-om the Sovereign to " all tlie
REGISTEATION OF THE FREEHOLD. 75
freemen of the realm,"* to hold themselves in
armed readiness for the defence of the country in
case of need. But, though feudal service has
been abolished, the feudal superiority remains.
Fee-simple is hereditary tenancy derived from
the Cro^vn. The English land-law preserves
the remembrance, if not the present activity,
of a royal authority large enough to register
the devolution of the right of possession. The
law, moreover, teaches how registration may be
effected. By reviving the feudal principle of
authoritative supervision, we may ascertain each
successive change of tenancy at the tune of its
occurrence, and exhibit the right of property as it
is. From the feudal investiture we may learn
that Transfer, properly understood, is an act of
the State as well as an act of the outgoing pro-
prietor. And as, with om- modern facilities of inter-
coiu'se, it would not now benefit the freeholder to
* " Statuiinus eciam et firmiter precipimus, ut omnes comites,
et barones, et milites, et servientes, et universi liberi homines
tocius regni nostri predict! habeant et teneant se semper bene
in armis et in equis, ut decet et oportet, et quod sint semper
prompti et bene parati ad servicium suum integrum nobis
explendum et peragendura, cum semper opus adfuerit, secun-
dum quod nobis debent da feodis et tenementis suis de jure
f'acere, et sicut illis statuimus per commune consilium tocius
regni nostri predicti, et illis dedimus et coneessimus in feodo jure
liereditario. Hoc preceptum non sit violatum ullo modo, super
forisfacturam nostram plenam." — Laws of William the Con-
queror, in the "Ancient Laws and Institutes of England,"
published by the Record Commissioners: page 212.
76 EEGISTEATION OF TITLE.
be admitted into tlie tenancy on the land itself,*
we shall not lose the authority, such as it may
be, of the feudal precedent, by establishing the
Queen's Registry near her Comi: in London.
* " Nee pro conducendis feudis requirere seu accedere debet
Imperium extra metas Austria3, verum in terra Austrise sibi
debentur sua feuda conferri per Imperium, et locari. Quod si
sibi denegaretur, ab Imperio requirat, exigat literatorie trica
vice : quo facto, juste possidebit sua feuda sine offensa Imperii
ae si ea corporaliter conduxisset." — Patent of the Emperor
Erederic the First constituting the Ducliy of Austria (a.d.
1156), in Selden's Titles of Honor. 2nd Ed. 353.
77
CHAPTER V.
THE SAME SUBJECT CONTINUED.
How shall Eeglstration take hold of so vast a
subject as the title to land ? Shall it stretch itself
out at once over the whole surface of England, to
show a title here and there, like a spot of green in
the desert? Or shall it, less ambitiously, apply
itself in the first instance to a single county ? I
am about to describe a register constructed ac-
cording to the latter method ; and for greater
clearness I will divide the description into sec-
tions, under appropriate heads.
The First Registration of the D^eehold or Possession.
Beginning with some one County — say the
County of Durham — a Registrar must go through
it, parish by parish, to register the freehold or
possession of the lands contained in it; taking
friendly parishes first, but using every endeavour
to conciliate the most adverse; collecting facts
and gaining experience as he proceeds.
The Dm^iam Register, when complete, will be a
precedent for a staff of registrars to work upon.
78 EEGISTEATION OF TITLE.
Each will act separately in his own county under the
direct control of the courts. But, in order to main-
tain uniformity of practice, the registrars will meet
periodically, as a Board, to prescribe general rules.
The registrar's visit to a parish will have been
preceded by ample public notice. He will hold a
Court in the parish to register the freehold or
possession of the lands within it; following the
practice in use in tlie inclosure of commons.* He
will not be authorised to enquire into any title.
The possession of a tenant for years will be
treated as the possession of the freeholder. The
date of the registration of the freehold or pos-
session of each unit of land will be registered,
in order to fix the period at which registration
will become absolute.
In the case of a change of boundaries between
the times of mapping and registering, the map will
be corrected ; which is a usual practice in Ireland. f
Subsequent Metropolitan Registration of the freehold
or possession of Lands Not Claimed during the
local proceedings.
Every landholder is, or ought to be, acquainted
* " Valuer to bold meetings — Claims to be delivered in writing
— Statement of claims to be deposited for examination — Claims
to be heard and determined by Valuer Titles not
to be determined by Valuer " Margin of General In-
closure Act, H and Vic, cap. 118 (1845). Sections 46 to 49.
t Evidence of Colonel Sir Henry .Tamos, E.E., before tlie Ord-
nance Survey Commission (18.58) ; ]). .37. Sections 425 and 426.
EEGISTRATION OF THE FREEHOLD. 79
with important public events occurring in the
place where his lands lie. The registrar's local
proceedings may, therefore, justly be deemed
notice to all concerned, both of what is done, and of
what is left undone ; and lands not claimed during
the local proceedings may be taken separately
afterwards, on application in London, and on
proof of local and metropolitan advertisements,
and of individual notices to any persons who may
have entered caveats in the London office.
Registration Permissive ^ not compulsorij.
Dissentient proprietors will be at liberty to
leave their possession unregistered. We niay
hope, however, by proclaiming and exhibiting the
benefits of registration, to diminish their numbers
by degrees. The longer their delay, the further
off will be the end of their period of provisional
registration. At first, and for a considerable time,
registration will be only jiermissive. Some
fifteen years hence, a small residuum of dis-
sentients may be registered by a compulsory law.
Effect of Registration. Jurisdiction. Ad Valoretn
Professional Remuneration.
During the period of transition, registration
will exhibit an apparent title, and facilitate
dealings ^^-ith it, but without warranting it
against unregistered claims. After the end of
tlie })eriod of transition, the registered freeholder
80 KEGISTRATION OF TITLE.
or possessor (for the futui'e I shall call him by his
first name only) will be competent to transfer a
complete and indefeasible parliamentary title,
excei^t only so far as the register itself may
qualify the registered freehold.
But all that the register positively says about
the freeholder is that he is in possession. His
right to continue in possession may be contested
at any moment by an action of ejectment in the
registrar's ^piepoudre court.* A claimant enters a
notice of his alleged title, in the manner explained
in the next chapter, and obtains a registrar's
summons calling upon the freeholder to show
cause why the freehold should not be put into the
claimant's name. The summons is a short printed
form, resembling a judge's summons in a court of
law, but printed in duplicate, and bound into a
book, so that the issued summons is torn off from
a recorded duplicate.
The hearing of the summons takes place in
London or in the country as may be most
convenient. The whole of the law, whether legal
or equitable, is within the scope of the registrar's
jurisdiction. His order, like his summons, is a
form torn off from a recorded dujjlicate.
* " Tlie lowest, and, at the same time, the most expeditious
court of justice known to the law of England is the court of
liiefoudrc — curia pedis jmlveriza/i — so called from the dusty
feet of the suitors; or, according to Sir Edward Coke, because
justice is there done as speedily as dust can fall from the foot."
3 Black. Comm. 32.
EEGISTRATION OF THE FREEHOLD. 81
The unsuccessful party may register a notice of
appeal, which holds good for some reasonable time,
say a week, with power to the registrar or a judge
to extend it ; to be continued indefinitely on regis-
tration of the writ or other first step in the aj^peal.
A Government Valuation of land for all public
purposes will be the natm^al complement, as in
Ireland, of the Ordnance Survey. If a separate
value can be put upon each registered unit, we
shall have a simple test for determining the
appellate jm'isdiction. Under a prescribed an-
nual amount, and subject to a judge's order
to the contrary, the appeal will be to the county
court. Above that amount, unless by mutual
consent, it will be to any one of the superior
courts of law.
Some of the best authorities on registration*
would confine the registrar to ministerial func-
tions. It would be a pity to do so, in my
opinion ; especially while the new system of con-
veyancing is in com-se of formation. The
registrar, in his judicial capacity, will, after
all, be only a sort of humble arbitrator, "j* sub-
ordinate even to the county com-ts.
* See in particular Mr. Randal MacDonneira answers to
the Questions of the Eegistration of Title Commission, No. 30,
Appendix, p. 332. These were an addition to a valuable
Treatise on Eegistration communicated by bim to the Com-
mission ; Appendix, p. 203.
t " If arbitrators were publicly appointed, before whom
parties themselves might go in the first instance, state their
M
82 REGISTKATION OF TITLE.
The valuation may be the basis of an ad valorem
scale of professional remuneration for business
amicable or contentious relating to land.
Adverse Possession. Incorporeal Rights.
There may be an instance now and then of title
acquii'ed by long-continued possession adverse to
the register. In such a case, the adverse possessor
may assert his title by a registrar's summons.
On a similar principle, incorporeal rights, such
as can now be maintained without deed, will
remain valid without registration.*
The Metropolitan Registry.
Wliile the registrar is at work in the country
registering the freehold, an assistant registrar
takes charge of the registry in London. This con-
tains a room for each county, and also a national
room for titles extending into several counties.
grounds of contention, and hear the calm opinion of able and
judicious men upon their own statements, their anger would
often be cooled, and their confidence abated, so as to do each
other justice without any expense or delay. Such a tribunal
exists in France in Denmark and, for
certain mercantile causes, in Holland." Mr. Brougham's motion
on the state of the Courts of Common Law, 7th February, 1828.
18 Hansard, 191.
* On the subject of Incorporeal Rights, compare the pro-
visions of the Bavarian and Austrian registers, and of a pro-
posed Genevese register ; Appendix to Second Eeport of Eeal
Property Commissioners, pp. 444, 457, 522, and 533. See also
Incumbered Estates' Court Act, 12 and 13 Vict. c. 77. s. 28.
REGISTRATION OF THE FREEHOLD. 83
Parish by parish, the registrar transmits to the
assistant registrar the Commencing Register of the
freehold. This is a coj^y of the book of reference,
with the names and addresses of the registered
freeholders, and the dates of registration, set
opposite to the numbers and descriptions of the
lands.
Arrangement of Titles.
Along with the commencing register of the
freehold, the registrar sends to London an
Instruction Book, which lay on the table during
his local proceedings, and in which each regis-
tered freeholder has stated his wishes as to the
arrangement of his titles and the transmission
of his certificates.
Each unit of land may be the subject of a
separate title, or any immber of units may be
combined in the same title ; and the arrangement
may be altered, at the fi-eeholder's discretion, as
much and as often as he pleases.
A title relating only to lands in one county is
registered in the county room : a title comprising
lands in several counties is registered in the
national room.
To illustrate the machinery, I will describe a
National Title — not because there is any real dif-
ference between this and a county title, but in
order to show how easy it will be to manipulate
lands held together but variously situated.
84 EEGISTRATION OF TITLE.
The freeholder receives from the London
registry an issued duplicate of a recorded
Land Certificate.
I annex the issued Land Certificate, comprising
lands in several townships, parishes, and counties.
The Certificate itself, on the first page of a sheet,
is followed by three forms, to be presently explained
— ^the Transfer^ the Charge^ and the Surrender.
The second page contains the particulars of the
lands, with the dates of the registration of
the freehold.
The third page contains references to Charges
and Notices affecting the title.
The fourth page contains only a short external
description of the document within.
I may here mention once for all that black
print represents a ]3rinted form, and red print
manuscript additions to it.
Transfer hy Indorsement.
If it is not English, it is law — for the judges
have so ruled — to indorse an instrument on the
face of it; and as the term indorsement is sig-
nificant I am loth to part with it. The land
certificate is to be transferred by filling up and
signing the indorsed or appended form of transfer.
Any pecuniary consideration must be stated in
order to fix the stamp duty. Adhesive stamps
will be pr(widcd, to bo afiixcd to the transfer,
NATIONAL :
Survey Oj
No. 40 L^ND CE
/
Official
Yr^r Durham and Westmorelai
K'y Acres_i62a2UL
I certify that _JohnjJonesr_:!r!
n f Appleby, Esquire,
is t he Freeholder of the indorsed lands
London, 1 J^fy. 186 6_
Ledger page IiL_
TRANSFERRED to_
of
in consideration of
Signature_
Date
Signature of Witn
Address
Description _
CHARGED in favor of
of_
with a
dated _
NATIONAL REGISTRY.
SuKVEY or 1862.
No. 40 LAND CERTIFICATE
\ For Dujliam and Westinorelaud
Acres jmSUL
I certify that Jolm Joues,
of_Aj:i!leb£j^Esqim;ej_— — -
'^ the Freeholder of the indorsed lands
London, 1 July. 1866_ For the Registrar.
Ledger page 1*-*
TRANSFERRED to_
of
I consideration of-_
Signature
Date ^_
Signatiu-e of Witness.
Description _
CHARGED in favor of
with a
dated
made between _
and identified by my signature indorsed upon it
Signatui'e
Date
Signature of Witness.
Address
Description _
SURRENDERED for the purpose of_
Signature of Witness^
Address.
Descrijjtic
REGISTERED LANDS.
o
St. Lawrence Appleby..
Bint OetachtHl (No. 2)
5-706
1-9S2
2!»0
2044
4031
2944
2-526
2-705
1-851
0-409
17-SOl
30735
sot-.-isg
51 1 -325
127-SlO
Pasture
PastuK
Paatuie
Pasture
Psstllro
Pasture
Arable
Amble
Wood
Pasture ...
Pasture ...
Pasture ...
Arable ...
Wood
Pasture and furze
Pasture and furzo
Pasture, furze, cart-road, and stream
Bough pasture and stream
Moor, rocbs, streams, &c
Uougli rocky pasture, streams, Ac.
Pasture, rocky pasture, streams, &c.
Waste and trees
Houses and yard
Island and trees
! i June, 1865.
15 January, 1806.
13 Judo, 180G.
29 June, 18C6.
12 April, 1866.
14 April, 18G0.
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REGISTRATION OF THE FREEHOLD. 85
and to be cancelled by the registering officer when
it conies in for registration.
The method of transfer by indorsement (the
term is here literally correct) upon a description
of the land, copied by authority ft'om the register,
seems to be indispensable to the working of a
register of title. Every transfer must adhere
exactly to the registered description of the land,
without either omitting or adding a single word ;
for a ministerial officer, acting ex parte and in rem^
cannot be permitted to guess at the effect of
variations of language.* Now it will obviously
lead to endless confusion to insist on a literal
adherence to one authentic description kept in an
office in London, unless that description be actually
copied out for the persons who have to use it,
upon the very paper which they have to sign ;
for nothing short of this will ensure correctness.
Precaution against Forgery.
To register a transfer is not merely to give
notice of the existence of an instrument of transfer,
* I was once concerned in a case in which some land held
with a manufactory had been accidentally omitted from a plan
on a lease. The freeholder, relying on the erroneous plan,
advertised the omitted land for sale ; but luckily there were
two or three "general words" in the verbal description, which
sufficed to explain and corroborate the lessee's possession of
the land, and to prove that the lease was more extensive than
the plan annexed to it, and so to enable the lessee to set the
freeholder at defiance — which he did successfully.
86 REGISTRATION OF TITLE.
genuine or spurious, but to act upon the registered
instrument as if genuine, by taking the registered
title out of the name of the transferor and putting
it into the name of the transferee. Now, if
such a change in the registered title were
effected on the faith of a forged transfer,
and the registered transferee should afterwards
sell and transfer the land to a bond fide pur-
chaser, this purchaser could not indeed be
allowed to keep the land, but he must not lose his
piu-chase-money. He must have a right of action
for damages against the registrar ; in other words
against the Government. The actual money cost
of such a liability might not in the event be great ;
but the anticipation of an unknown evil may be
exaggerated, and it is important that the cause of
registration should be relieved from this incubus.
The machinery of the public funds suggests an
effective method of accomplishing this object.
A person desirous of forging a transfer of frinded
property cannot do so unless he has discovered
the exact amount standing in the name of the
proprietor whom he intends to personate. The
No. at the top of the certificate protects in a
similar manner the registered title to land. In
order to make this clear I must describe another
part of the official machinery —
The Journal.
It is well knoAvn that the easiest way of keeping
87
BLANK PAGE OF THE NATIONAL JOURNAL.
NATIONAL REGISTRY.— Survey of 1862.
Journal Entry No. 1,
To .Ledger No.
-Ledger No.
Freehold
Charge No..
Notice No. _
Held by—
of
From No.
To No
Certificate filed No-
Entered 186
LANDS.
County.
Parish.
Township.
Numbers.
•
FIRST JOURNAL ENTRY OF A NATIONAL FREEHOLD
TITLE.
NATIONAL REGISTRY.— Survey OF 1862.
Journal Entry No. 40.
To_Z£eehold_Ledger No. ^'-'
.Ledger No.
Freehold
OlIAROE No.
NuilLE Nu.
Held hy JQ^ Jo"^«^
£ Appleby, Esquire
Protn -f^_ Commencing Eegiater
To No
Certificate filed No..
Entered ^ •^"'>> 186!!i-
lands.
County.
Durliaiii,
Westmoreland ...
Parish.
St. Oswald
St. Nicholas ...
St. Lawrence
Appleby
Windermere
Township.
Crossgate
Elvet Detached
(No. 2) ..
St. Nicholas
• Scattergate . , .
Burrells
Troutbeck ...
Apjilpthw.'iitP
Numbers.
8,9,54,55,5(3,.^;
1*29, 36, 62.
2a, 4, 6, Ga.
41, 42, 43. 00.
175.
1. 8. 13.
30, 180, 809.
REGISTEATION OF THE FREEHOLD. 89
an account is first to write down day by day
consecutively, in a Journal, the elements of the
account in the order of their occurrence, and then
to classify the entries under appropriate heads in
a Ledger.
On this principle all new matter admitted into
the register is entered at first in the " Journal."
This is a book filled by the repetition of a
skeleton form, suitable for journalizing any j)os-
sible act of registration. There is a separate
jom^nal in each county room ; and there is another
separate jom^nal in the national room. I annex a
blank page of the National Journal ; and also a
copy of the Jom^nal Entry of the national title of
Mr. Jones, the fii'st registered fi^eeholder of the
lands comprised in the land certificate already
referred to.
It will be observed that the blank Journal entries
are numbered or paged consecutively. The
method of entering any act of registration is to
fill up the fii'st vacant form in the Jom^nal ; and
thence to post the substance of the Jom^nal entry
to the " Freehold Ledger," or the '' Charge
Ledger," or the "Notice Ledger," as the case
might require. But oiu' present concern is only
with the No. of the Jom-nal entry. The officer
entered other titles before coming to Mr. Jones's.
These other titles have occupied the fii'st thii-ty-
nine forms of the Jom-nal. Mr. Jones thus obtains
by accident No. -iO, which No. passes from the
N
90 KEGISTRATION OF TITLE.
Journal entry into his certificate. It is a low
number ; but the registry, we may suppose, has not
long been oj)ened.
As the books accessible to the public at the
registry do not give any clue either to the
No. of the Journal entry or to the corresponding
No. of the certificate, it is evidently impracticable,
without special means of information, to forge
the certificate. Nor is it a safe thing to attempt
to do so. For, even supposing a collusive or
accidental discovery of the No. given to Mr.
Jones on the 1st July, 1866, it may happen that
before a transfer of a forged certificate based on
this discovery comes in for registration, the genuine
certificate of Mr. Jones's title has been privately
retm-ned into the ofiice ; perhaps for the pm^pose of
giving effect to a charge, or in order to clear the title.
The effect of this intermediate cancellation of the
genuine certificate has been to change the number
of Mr. Jones's title, from No. 40, to some other
No., fixed accidentally by the state of the Journal
at the date of the registration of the return into
the office of the certificate No. 40. Consequently
the spurious No. 40, when brought in for registra-
tion, clearly appears to be a forgery, because the
real No. 40 has been abeady cancelled and filed
and replaced by another No. The bearer of the
forged certificate is therefore given into custody ;
or at any rate must explain the circumstances under
which he has become implicated in the forgery.
REGISTEATION OF THE FREEHOLD. 91
Summary of the Effect of the Land Certificate.
To sum up in a few words the effect of the
Land Certificate. It ascertains the thing appro-
priated. It ascertains the actual condition of the
title, as an ownership absolute or qualified by
ascertained incumbrances. It names the present
proprietor ; and possession of it identifies him. It
provides him with a deed of conveyance ready for
immediate signature, anywhere, on insertion of
the name of the intended transferee. In a word,
it contains a portable title, accm^ately defined, in-
capable of forgery, and transferable with as much
faciHty as a bill of exchange.
Rejyided Ownership. Title of -a Purchaser.
It has already been intimated that a forged
transfer does not pass the property. In strict
principle it ought to be made a question for a
jury whether the forgery were occasioned by the
gross negligence of the registered proprietor in
not taking proper care of his certificate ; and, if
gross negligence were proved, the proprietor ought
to lose liis land without any right of recovermg
compensation from Government for a loss caused
by himself. But to introduce the element of
negligence would, I think, be a needless refine-
ment. As the difficulty of forgery will be such as
to render its occmTence extremely rare, I should
think it better to provide that in every case of
forgery the proprietor should keep his land, and
92 EEGISTRATION OF TITLE.
the jDui'cliaser receive back his money; even if
this rule should necessitate the formation of an
Insurance fand by a small general tax on transfers
— perhaps an adhesive penny stamp. But, short
of forgery, the certificate must give validity to the
transfer, on the princij^le of ''reputed ownership."
If land were registered in the name of an infant,
or a married woman, or a lunatic, it would be
competent to any person, justified by interest or
otherwise in guarding the title against such an
action of the machinery of registration as would
counteract the effect of this personal disability of
the registered proprietor, to introduce the element
of disability into the registered title, by means of
a registered notice. But, if notice of the disability
were not registered, the register must give validity
to a title acquired, in ignorance of the fact, by a
purchaser for valuable consideration.
The register must, in short, confer upon a trans-
feree, becoming such after the lapse of the pre-
scribed period of transition, bond fide, and for
valuable consideration, a title paramount to all un-
registered rights. Title thus acquired by a pur-
chaser for valuable consideration without notice
retains its validity in the event of its subsequent
transmission to a person becoming holder without
valuable consideration or with notice. But a
person accepting a transfer with knowledge that
it ought not to be made to him, cannot, as it
seems to me, be allowed to profit by his own
REGISTRATION OF THE FREEHOLD. 93
■wrong, whether liis knowledge has been derived
from the register or from some other som"ce of
information. Registration ought not, in my
opinion, to set aside the doctrine of equity re-
specting notice. I cannot view that doctrine
otherwise than as an application to the subject of
title of the principles of natural justice ; but I hope
to show that any practical inconvenience which
has hitherto arisen fr^om it mil be obviated by
the new condition of title which registration will
introduce. I must first, however, describe the
remaining parts of the system of land-book-
keeping.
The Freehold Ledger.
AVe have seen* that the land certificate issued
to the freeholder, as the evidence of his title and
the instrument of his power of disposition, is an
official extract from a record. A copy is kept of
the very tiling which is issued ; but the original
record is contained in a book called " The Free-
hold Ledger." This consists of a number of sets
of printed forms bound up together. Each of
these sets of forms commences with a table for
the lands, which is followed by three tables for the
title : the first applicable to the substantive re-
gistration of the title to the fi'eehold itself; the
second applicable to the disclosure of charges
affecting the freehold ; and the third applicable
* Page 84.
94 EEGISTKATION OF TITLE.
to the disclosure of notices affecting the fi^eehold.
The Ledger account of Mr. Jones's title is an-
nexed.
It will be observed that Mr. Jones's title is
numbered 10. The forms contained in the Free-
hold Ledger having been numbered consecutively
tln'oughout the volume, Mr. Jones's title was entered
in the first of these forms wliich happened to be
vacant at the time when his title was registered.
Only nine freehold titles had preceded it, although
its Jom-nal entry was numbered 40 ; some perhaps
of the Journal forms having been occuj^ied by
entries registering transfers of freeholds, and a
good many of them by entries registering charges
and notices.
At the top of the blank form of Jom-nal entry
given in a former page,* provision is made for
reference to the Ledgers ; and the filled -up Journal
entry of Mr. Jones's titled refers to No. 10 in the
Freehold Ledger ; which is the account annexed.
A Transfer and Consequent Entries.
Let it now be supposed that Mr. Jones transfers
the freehold to Mr. Thompson, by means of the
form of transfer on tlie land certificate. The
transferred certificate is sent into the ofiice in
order that the transfer may be registered. There
is a file on Avhich returned certificates are placed as
they come in, just as paid cheques are filed at a
* -Page 87. t Page 88.
REGISTRATION OF THE FREEHOLD.
95
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EEGISTEATION OF TITLE.
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REGISTRATION OF THE FREEHOLD.
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•Jioog
lapjQ 0% aau3.i8j3'a
•Jioog aiBDgiwa.o
ui aieaijii.iao paipa
-UBo 0} aouaaaja^j
Date of Can-
cellation of
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auijoajjE .wqiaqAV
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ui luauinooQ jo -oii^
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EEGISTKATION OF TITLE.
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REGISTRATION OF THE FREEHOLD. 99
bank. Before filing a certificate, the officer writes
in bold figures, at the upper right-hand corner of
its first page, the number immediately following
that similarly written upon the certificate last
filed. As soon as 250 certificates have been filed,
they are taken off the file and bound into a
volume, which the numbering of the certificates
has already paged, and which is indorsed thus —
National
Certificates
1 to 250.
Concurrently with the numbering and filing
of the returned certificate, the officer makes
certain entries.
Fii'st, there is the entry of Mr. Thompson's
title upon the fii'st form of the Joiu-nal which
happens to be vacant, and which we may suppose
to be No. 360. The Jom-nal entry now made of
Mr. Thompson's title is exactly similar to that
formerly made of Mr. Jones's title, except that the
later entry, instead of referring back to the
commencing register, refers to the preceding Jour-
nal entry No. 40 ; thus —
From No. 4Q.
The retm'n into the office of Mr. Jones's certifi-
cate enables the officer to complete the references at
100
REGISTRATION OF TITLE.
the foot of the Journal entry No. 40. He inserts
in the second line of reference the No. 360, as that
of the next succeeding step in the title ; thus —
To No. 'i(^0.
He then turns to the No. just given to the filed
certificate, which happens to be 182, and inserts
it in the thii'd line of reference, thus —
Certificate filed No. l-^---
Having completed the Joui-nal entries, the offi-
cer turns to the account of the title in the Free-
hold Ledger.
He there inserts the particulars of the cancella-
tion of Mr. Jones's title, and the particulars of the
title acquired by Mr. Thompson. Then he draws
a line tlirough the Ledger entry of Mr. Jones's
title ; leaving, however, its origin and its end un-
cancelled for facility of reference. The account
in the Freehold Ledger then presents the fol-
lowing appearance : —
Date
of
Entry.
■ 1 .Ui\\, tJL Hr
2i July, I«(;G
Name
of
Freeholder.
.I i ilin i ) j i ioi
David ThomiLSMi
10, Hi
Descrip-
tion.
Date of
CancpUation
of Entry.
REGISTRATION OF THE FREEHOLD. 101
A new Certificate, No. 360, is issued in favor
of Mr. Thompson ; and Mr. Jones is now entirely
out of the title, just as if the freehold had never
belonged to him. Such is the public result of the
entries; but in case of any suspicion of irregu-
larity the registrar can trace the title backwards
with great facility. The cancelled entry of Mr.
Jones's title in the Freehold Ledger refers at the
end of the line to the cause of the extinction
of that title, to be found at page 182 in the
volume of returned and bound-up Certificates,
called the "Certificate Book;" where the Certi-
ficate formerly held by Mr. Jones, and also the
authority given by Mr. Jones, on the appended
form of transfer, for the substitution of Mr.
Thompson in his place, may be inspected as vouch-
ers ; and at the beginning of the line there is an
uncancelled reference to Journal entry No. 40, as
the original ground for the now cancelled entry.
And the backward reference which is seen on
inspecting Jom-nal entry No. 40 shows that this
entry was based immediately on the commencing
register made u]) on the spot by the registrar.
The case of a simple transfer may suffice for the
present to illustrate the working of the first of the
tlu'ee title-tables contained in the Freehold Ledger.
I will endeavom' to give a general idea of the
effect of the other two tables, though in doing so
I must to some extent anticipate the description
of a distinct part of my proposed machinery.
102 KEGISTRATION OF TITLE.
Tables of Charges and Notices.
Eegistration of a " Charge" exerts a double
action on the title : it subjects the freehold to an
incumbrance, and originates a subordinate title,
registered similarly to the freehold, and repre-
sented by its own independent certificate. With
the substantive operations of the '' Charge Ledger"
I am not at present concerned. But, while open-
ing a distinct account for the derivative title, the
registrar also enters in the account of the freehold
title all the particulars of the incumbrance to
which the fi^eehold has become subject. The
difference between the substantive entry and the
relative entry is, that the substantive entry is
made for the express purpose of facilitating a
futm-e devolution of the derivative title, all the
steps of which devolution will be successively
registered; while the relative entry registers the
charge once for all, as an unchanging burden on
the freehold, to continue in the hands of an
unknown or unobserved person or succession of
persons till finally removed; no place being
provided in the second of the thi^ee title-tables con-
tained in the Freehold Ledger for the insertion of
the name even of the first holder of the charge.
In the Journal entry of the first registration
of a charge, both the references at the top of the
Journal form are filled up ; the first with a No. or
page in the Charge Ledger, the second with a No.
EEGISTRATION OF THE FREEHOLD. 103
or page in the Freehold Ledger : but, on the occa-
sion of a transfer of the charge, reference is made
from the Jom-nal entry of the transferee's title to
the Charge Ledger alone, because it does not
matter to the fi^eehold title whether the charge is
held by A or by B. If, again, a sub-charge is de-
rived out of the original charge, a double reference
is made to the Charge Ledger from the Journal
entry of the title created by the sub-charge;
namely, first, a reference to a Ledger account then
newly opened in the Charge Ledger for register-
ing the creation, devolution, and eventual ex-
tinction of the sub-derivative title created by the
sub-charge ; and, secondly, a reference to the
Ledger account afready opened in the same Charge
Ledger for similarly registering the title to the
original charge. But, as the weight resting upon
the freehold is neither increased nor diminished by
the derivation of a sub-derivative title out of that
portion of oTiiiership which was derived by the
original charge out of the fr-eehold, the ledger
account of the fr^eehold title does not mention a
transaction in wliich the freehold title has no con-
cern.
In like manner the title to a Notice is entered
substantively in the Notice Ledger ; and also rela-
tively and uncliangingly in the thfrd title-table of
the Freehold Ledger Account.
It will be evident, on inspection of the second
and thfrd tables, that the frdlest particiUars of
104 EEGISTRATION OF TITLE.
charges and notices are ajjj^ended to the freehold
title. As to Charges: the date of the first regis-
tration of the charge; the page of its ledger
account; the No. or page of the charge itself in
the certificate book ; the nature and date of the
document referred to by the charge; the page
of the book at which that document itself may be
found bound up with other documents ; its relation,
whether total or partial, to the lands comprised in
the freehold title. As to Notices : the date of the
first registration of the notice ; the page of its ledger
account ; the page of the notice book at which the
notice itself has been bound up ; the natm-e of any
document referred to by the notice; the date of
such document, and the page of the document book
at which it may be inspected; and lastly, the
total or partial relation of the notice to the
lands comprised in the freehold title. The
account of the freehold title thus contains all
the particulars of every part of the title, except
the names of the successive holders of charges and
notices.
Thus far we have supposed the subject of
registration to be lands distinguished by surface
boundaries, and distinctively numbered on the
map. These, as we have seen, may be united
or separated at the will of the freeholder. The
whole of a large estate may be represented by
one certificate; or the smallest inclosure may be
certified alone. And the arrangement may be
KEGISTRATION OF THE FREEHOLD. 105
changed as often as convenience may dictate.
We will now suppose the case of
Division of a Registered Unit.
A lando\\Tier sells some fields, in small plots,
to working men employed on his estate or in a
neighboming iovni. He obtains at his own ex-
pense from the Government smweyors a sub-map
of the land sold, shomng its new divisions. This
sub-map he introduces into the register, by means
of a sm-render of his land certificate. The area
comprised in the registered sub-map is now distin-
guished on the parish map by a surrounding line,
and by a reference withm this inclosure fr-om the
parish map to the sub-map. References to the
sub-map are also placed in the book of reference
opposite to each of the numbered units comprised
in the sub-map. And new numbers, following the
last of those already used in the to^^Tiship or other
di^dsion of the parish, are given . to the new
units of land.
It will be seen in the Appendix* to this treatise
that No. 220 ends the numbering of the lands
in the township first mentioned, namely, the
township of Broom.
The sub-map comprises, we may suppose, the
numbers 137, 138, and 139 of this toMaiship.
These are di\'ided into sixty parts ; and the sixty
new di^dsions are numbered 221 to 280, both
* Page 12.
106 REGISTRATION OF TITLE.
inclusive, on the sub-majD ; and in a corresponding
addition to the book of reference.
The sub-map remains in use, unless sujDerseded
by another registered sub-map, till the next
Revision of the Parish Map.
This, we may remember, is to take place in
foiu-teen years, and to cost nothing to the public*
The revision will be shown by correcting a copy
of the parish map. This will lie in the parish,
say for a month, for inspection ; and copies of its
altered j)arts Avill be sent by post to the free-
holders of the lands affected by the alterations.
Attention will be given to their objections, and
a power of appeal will be reserved in their favor.
On completion of the new edition of the map,
copies will be kept of the old map, with its cor-
rections, in the Registry, the Ordnance Survey
Office, the British Museum, and some three or
four other public repositories.
In the revised map, the numbering of the lands
will be rearranged, and all sub-maps (except en-
larged maps of towns) will be got rid of. But
these changes will not necessitate a calling-in
of the current certificates. For, as every docu-
ment issued from the registry will mention the
particular map to which it refers — thus, '' Survey
of 1862" — the clerks can easily shift the title from
* See extract from the Report of tlie Cadastral Survey Com-
mittee (1862), supra, p. 52, note.
REGISTRATION OF THE FREEHOLD. 107
map to map, as the certificates liajjpen to come
in. I will now describe
The Land Index.
This is an exact counterpart of the books of
reference of the several parishes. The lands are
indexed as they are registered, in townships or
divisions of townships. The indexes to all the
parishes in each comity are bomid up together in
convenient volumes. The County Index so formed
is itself indexed by alphabetical lists of parishes
and townships, with references to the commencing
pages of the indexes to the lands in the several
townships. The land-index to each township con-
tains references, opposite to the several registered
units of land, to the ledger accounts of all County
Titles ; and, opposite to each unit wliich belongs for
the time to a National Title, the County Index refers
to the National Register. In the national room is
contained a duplicate of the county index: but,
whereas in the county index the national titles are
alone excepted, so in the National Index these
same titles are alone indexed. So that, between
the duplicate indexes, all the registered miits are
indexed, either as belonging to county titles, or
as belonging to national titles.
In illustration of the foregoing description, I
give an extract from the Dm-ham County Index
to the To^\'Tishi23 of Crossgate in the Parish of St.
Oswald; which, it will be seen, refers to the
108 EEGISTEATION OF TITLE.
National Register for the titles to some of the units
belonging to our before-mentioned National Title.
The cancelled red figau-es refer to ledger ac-
counts which have been closed, in consequence of
rearrangements of the registered units of land;
whether by severance of lands which had been
held together, or by union of lands which had
been held apart.
Manner of Searching the Register,
Let it now be supposed that a person wishes to
investigate the title to the field No. 8 in the town-
ship of Crossgate, in the parish of St. Oswald, in the
county of Dm^ham, belonging to the National Title
whose course we are following. The searcher
probably goes first into the county room. He
takes down the County Index, is referred by its
alphabetical index of jDarishes and townships to
the land-index of the township in which he is
concerned, opens it, and looks at the registered
unit in question. Opposite to this he finds (as
in the extract given) a reference to the National
Register. He walks into the national room,
and, on turning to the corresponding page of the
National Duplicate of the Durham County Index,
is referred by it to Ledger Account No. 10 of the
National Register for the account of the title
which he desires to investigate.
In order to facilitate searches, one of the zinco-
graphed copies of the map is divided into titles
DURHAM COUNTY REGISTRY.
SUEVEY OF 1862.
LAND INDEX
To the Township of Crossgate,
In the Parish of St. Oswald.
No.
on
Map.
Contents.
1
1-336
2
1-712
3
3-797
4
4 056
*6
•155
7
5 195
8
5-706
9
1-982
10
1-726
13
•070
12
5-220
13
•100
14
1-890
15
2-350
16
•295
17
•025
38
-012
19
•246
20
3-253
Description.
Pasture
Arable
Arable
Arable
Pasture
Arable
Pasture
Pasture
Wood
Plantation ....
Arable
Plantation ....
Arable
Pasture
Wood
House
House
Enclosure and garden
Arable
Reference to Freehold Ledger.
l.tL'
'.tL'
02
70
See National Kegister.
See National Register.
'.)-Z
141
4(;
141
141
4(i
4()
KKX40
• There is no No. 5 in the Book of Reference.
EEGISTRATION OF THE FREEHOLD. Ill
by red-ink boundaries, and the names of the free-
holders are wiitten in. A "title map" of this
kind answers the pm-pose of assisting the inexperi-
enced searcher, even if not kept quite up to the
day ; for a person acquainted with the locality is
as effectually guided by the titles of a week or
two back as by those actually existing. As the
ledger numbers of the titles do not appear on the
"title map," but only the numbers of the lands,
the boundaries of the titles, and the names of the
freeholders, there cannot be any confusion of num-
bers to cause mistakes. The searcher cannot help
giving his instructions to the officer either by
reference to the registered No. of the land, which
cannot have undergone any change, or by refer-
ence to the name of the freeholder. This, if the
map is at all in arrear, may have changed ; but
the change, though it may elicit a fru-ther explana-
tion, can scarcely be a cause of error. The
searcher may say to the officer, "I wish to see
Mr. Thompson's title ;" and the answer may be,
" AVliich part of it ? there has been a division of it
since that map was made up." But I do not see
why the map should not be kept close up to the
day. If any part of it were soon spoilt by re-
peated alterations, it would be easy to paste
another zincograph over the altered part, so as to
avoid the trouble of re-colouring and re-lettering
the whole map.
Probably the business of registration will fall
112 EEGISTRATION OF TITLE.
naturally into the hands of solicitors and other
responsible agents, which will afford a great prac-
tical security against frauds and iiTegularities
of all kinds. Attendance at the office may,
however, be dispensed with in every ordinary
part of the business of registration. The fee for a
copy of a fi'eehold title may be paid by affiixing an
adhesive stamp to the inside of an application by
post. There may be a moderate and uniform
charge (perhaps half-a-crown) for a copy, because
the registered title will seldom, if ever, contain a
long list of registered lands. The proprietor of a
large estate will find it convenient to hold a sepa-
rate certificate for each farm. The charge for a
certificate must be so arranged as not to hold out
an economical inducement for an inconvenient
aggregation of lands in one title : it may, for
example, be so much per registered unit of land.
The answer to an application by post for a
copy of a freehold title is written on the an-
nexed form.
If a search is made personally, the searcher may
only wish to ask a question ; for instance — " Wlio
is the freeholder of Field No. 8 in Crossgate
Township?" He may go on to ask, "Are there
any charges and notices?" The officer answers
these questions immediately ; and the searcher
may take a note of the answers, and may then
himself open tlic Certificate Book, Notice Book,
and Document Book, at the pages referred to, and
NATIONAL REGISTRY.— ScjRVEY of 18G2.
OFFICIAL EXTRACT OF
Freehold Title — Ledger p.
Freeholder
of.
LANDS.
County.
Parish.
Township.
Numbers.
CHARGES.
Date of
Entry.
■^ bo
PHJ3
No. of Charge
in Certificate
Book.
Nature of Docu-
ment referred
to by
the Charge.
Its Date.
■S
CI o
<u o
sn
O V
C S
°s
oQ
Whether affecting all
or only ])art of the
Freehold Title.
1
^ ' ' '
i
1
NOTICES.
Date of
Entry.
.S o
No. of
Notice
in
Notice
Book.
Document,
if any,
referred to.
Its Date.
P
3 *j
o g
"a 0)
s Co
\
London
For the Registrar.
REGISTRATION OF THE FREEHOLD. 115
read the bound-up charges, notices, and docu-
ments affecting the title. A personal investigation
of this kind may be covered by a charge of a
shilling for the entire search ; but it will probably
become customary, except on the occasion of some
pressing emergency, not to rely on verbal answers
to verbal questions, but to take out an official ex-
tract of the title ; such as that which is forwarded,
as before stated, in answer to an application by
post. There are convenient little printed ''in-
struction papers" hanging up in the registry by
a string through one corner, to be filled up and
handed in with an adhesive half-crown stamj^
affixed, which the officer cancels with a suitable
instrument ; and there is some handy place in the
office where a stamp may be purchased. It is com-
pulsory on the officer to deliver out the official ex-
tract, or, if desired, to forward it by post, within a
prescribed number of hours ; and for any error in
the extract the office is responsible. For an
official extract of any subordinate title the fee is
less than half-a-crown — say a shilling. There is a
low rate of charge for a search accompanied by
certificates. The parties to a sale may call with a
considerable number of certificates belonging to
the same estate ; and the fee for the officer's com-
parison of them with the books is very moderate.
As the certificate mentions the page of the ledger,
a searcher holding the certificate, or a copy of it,
does not need even to open the index.
116 EEGISTRATION OF TITLE.
It will have been inferred from the foregoing
description that the searcher is not allowed to see
the Ledgers, though he may take down and read
the Certificate Book, the Notice Book, and the
Document Book. The Ledgers must be kept
private, both with a view to the protection of the
title by concealment of the No. of the current
land certificate, as before explained;* and also
with a view to the protection of the searcher by
concealment of the contents of cancelled entries.
The register must communicate the present state
of the title, without giving notice of anything else.
This latter consideration suggests a few re-
marks on
The Doctrine of Notice.
A purchaser may natm-ally feel aggrieved,
if deprived by the Court of Chancery of land
which he honestly bought and paid for, because
of some clue to some adverse title, which his soli-
citor, or solicitor's clerk, or solicitor's agent, or
solicitor's agent's clerk, might by greater diligence
have detected, in some recital, or covenant, or
exception from a covenant, in some old deed, seen
or discoverable. Having, however, been negli-
gent, though sliglitly and vicariously, he ought
rather to suffer than another innocent man who
has not been negligent at all. The injury lies in
the causes of the loss ; namely, the reference to old
* Page 90.
REGISTRATION OF THE FREEHOLD. 117
deeds, and the non-appearance of adverse rights.
And these causes of loss registration will remove.
The transferee of a registered title will acquu^e
something accessible and intelligible to himself,
transferred as soon as offered for sale, fi'ee from
retrospective and collateral investigations, and
presumptively perfect. He can take his stand on
that presumption of right conduct which is allowed
by law to every man who is not affirmatively
convicted of a deviation from rectitude. Who-
ever imputes to him notice of a concealed right
must prove the notice and account for the con-
cealment. And the question, if it goes to trial,
will be determined in accordance with those estab-
lished principles of decision, which regulate, m a
perfectly satisfactory manner, the transfer of
negotiable securities.
The Index of Freeholders.
Besides the land-index, already described,* there
is, in the National Register, and in each County
Register, an Index of Freeholders.
This is based upon a list of the numbers of the
ledger accounts, and shows the present and former
holdings of the persons from time to time regis-
tered as freeholders.
No. 10 in the National Index of Freeholders
shows, as in the annexed extract, the successive
holdings of i\Ir. Jones and Mr. Thompson.
* Page 107.
118 REGISTRATION OF TITLE.
If the account No. 10 should be closed, by a
splitting or consolidation of certificates, the No. as
well as the names would be struck out, thus : —
-j-0- Joh n JonEy, ■Pavhl TlionijrsTnr
From the above-mentioned consecutive list of
accounts is formed an Alphabetical Index of Free-
holders ; which contains, under the proper letters,
the follomng entries —
Jones, John-rO-
Thompson, David -10
Mr. Thompson, we may suppose, holds other
national titles, and has held others which he has
parted with. This appears in the alphabetical
index, thus: —
Thompson, David -"^ 10, Yl> 29b, 401,
402, 403, >T^ 784, 858,
From the national and county indexes of free-
holders — or from one consolidated index, if it
should be found worth while to make one — the
present and former holdings of any person can be
learnt, with gi-eat facility, by an executor, or
assignee in bankruptcy, or committee in lunacy,
or any one Avho thinks the information worth its
moderate cost.
NATIONAL REGIS TR Y.— Survey of 1862.
INDEX OF FEEEHOLDERS.
No. of
Ledger
Account.
*1
10
Name of Freeholder.
.rrvhn .Tonflg, David Thompson
• Much more room than is here shown \vin be allowed to each No.
REGISTRATION OF THE FREEHOLD. 121
But there is nothing in the Index of Freeholders
to involve a purchaser in retrospective enquiries.
The present holding, as shown in the subsisting
ledger account, is all that need be looked at ; all,
indeed, that can be found, unless the antecedents
of the title happen to be known.
Moreover, if an intending purchaser of the lands
comprised in the ledger account 719, for example,
should happen to learn from the Index of Free-
holders that Mr. Thompson once held them, he
cannot make any search at the registry respecting
this former holding, without first obtaining, by
summons against the actual holder, a judicial
order — not lightly granted — for a reference to the
cancelled entry.*
* The idea of the Index of Freeholders was suggested to me
by an interesting paper on Hegistration in South Australia,
which I heard read before the Law Amendment Society on the
IGth of March, 1863, by Mr. Torrens, the Eegistrar- General of
the Colony.
R
122
CHAPTER VI.
REGISTEATION OF CHARGES AND NOTICES.
The second of tlie three forms appended to the
Land Certificate is as follows : —
" Charged in favor
of
of_
1
1
with a
dated
made between
and identified by my
sign
atnre
ind
3rsed
upon
it."
This form is used whenever the freehold title
is dealt with specially. The charged land certifi-
cate is sent to the registry, with the docmnent
mentioned in the charge, and which must be
stamped if liable to duty. The charged land
certificate is cancelled and filed ; and, in exchange
NATIONAL REGISTB
yp, K)ZZ CHAEGE CE
/ Official For Durham and Westmoreland
"^^ ' Acres J()2a2iy
I certifv that J<^-'^^ iJh Milk, of Appleby, »SoHc'itc
of and Edward lii ll, of Kendal , Merchant. -— "
are the holders of Charge No. J^IiL
bemg o f a Settlement dated 4 Au^iust. 186(5.
No.Ji8:i ._
affecting the l^'reeh old of
the indorsed lands
London, 6 August,. 186^
Ledger page_lM__
TRANSFERRED to
of_
in consideration of_
Signatui^e.
Date,
Signature of Witness.
Addreas
Description
CHARGED in favor of
of —
with a
No.
NATIONAL REGISTRY.— Sdevey OF 1862.
622 CHARGE CERTIFICATE
Official ^ For Du i'haiu au d WestmorelamJ
. "^^ . ' Acres J(y2dM}
I certify t.1in.t JoM-pl i MilU, of Appleby, ^uHcitur,
-©t_aLHl Kdwavt] Hill, ul KuuJttl . M c n-clmut.
arc tliR holders of Charge No. 27G
being ota >^.-itl< uu-ut Jatod -1 August. 18Ue.
No. :i:S.;
affecting ibu l''ri't;bul(i_yL .
the indorsed lands
London, _GAuguat^_186e_ For the Registrar.
Ledger page ^^'^
TRANSFERRED to_
of
in consideration of_
Signature
Date. _^__
Signature of Witness.
Addreas^
Description _
CHARGED in favor of
of
with a _
dated
made between.
and identified by my signatm-e indorsed upon it
Signatui'e
Date_
Signature of Witness^
Address
Descripti(
SURRENDERED for the purpose of^
Signature
Date
Signature of Witness _
Address „
Descriptif
KEGISTERED LANDS.
Paalura
Piulur«
Future
Poatuni
PaKture
Pulliru
Araiile
Aniblo
WooJ
PaBture
Fasturo
AraWo
WuuJ
Pasture aiid funsd
Pasture and furze
Pasture, futze, cart-road, and Blrfaiu ..'.
Huugh pasture and «lrvuju
Moor, rucks, streams, ito
Kougl, rocky pasture, .ti-oarn^' &c." ."■
1 aaturo, roAy pasture, atroan,,, 4c ...
Waste and tr^ea
Ilouaes and yard ...
Mund and treea ,.
D»» ot B«alnr»aafc
1 7 Deieuibnr, ISO.T
3 June, 1885.
•I June, 18(55.
15 January, Is
i;i Juuo, mm.
I'a June, ISUli,
12 April, isiiij
1 1 April, l»(i(i
PREREGISTERED CHARGES.
PREREGISTERED NOTICES.
IJ.l..tE.ll7.
1
it
^!ir'
■—
ii
i1
IP
■
1
1 1
1 1
D.tooriai,T.
t
ii
s: ™ llj
1
—
—
1
POSTRKGISTERED CHARGES.
POSTREGISTERED NOTICES.
Date of Entry.
P
loby
the Charge.
.„„...
II
If
1%
lit
III
—
Dole of Entry,
jl
ZiEL
......
3 .
II
ll
1
CHAEGES AND NOTICES. 123
for it, the freeholder receives a new land certifi-
cate, expressing, in the second of its appended
title-tables, the subjection of the freehold to the
charge.
The Charge Ledger. — The Charge Certificate.
The derivative title created by the charge
becomes the subject of an account in the Charge
Ledger ; and is embodied in a Charge Certificate,
of which an example is annexed — omitting, for
convenience of folding, an outside sheet, bearing
an indorsement analogous to that of the land
certificate.
With a view to an accurate definition of the
derivative title created by the charge, the Charge
Ledger Account contains tables for the par-
ticulars of pre-registered charges and notices,
as well as tables for the particulars of post-
registered charges and notices ; so as to disclose
any prior incumbrances on the fr^eehold, as well
as any subsequent incumbrances on the charge
itself
By means of the charging form appended to the
charge certificate, the derivative title created by
the charge may be subjected to a sub-charge.
The title to a sub-charge has its account In the
charge ledger, and is embodied in its charge
certificate, and is, moreover, chargeable with a
still lower title ; and so on A\ithout Imiit.
In the title to a sub-chai'ge, or to an interest
124 KEGISTEATION OF TITLE.
derived out of a sub-charge, there may be several
sets of tables of pre-registered charges and notices ;
but, however great the number, there is no risk of
confusion. If there are twenty titles one under
another, the accounts of them are self-adjusted in
an orderly series ; each member of which (except
the highest) is subject to the matters pre-registered
in the accounts above it.
Thus far, then, our proposed machinery consists
of three parts: first, the Jom^nal, representing
title in general; secondly, the Freehold Ledger,
with the Land Certificate copied from it, repre-
senting title originally simple ; and, thirdly, the
Charge Ledger and Charge Certificate, repre-
senting title originally and actually special.
As the arrangements leading up to a Charge
Certificate are very similar to those already
described in relation to the freeholder's Land
Certificate, I shall not tax the reader's patience
with a second description ; but it is necessary
to explain how the document mentioned in the
charge finds its way into
The Document Book.
When the land certificate comes back into
the ofiice with the charge appended to it, the
registrar numbers it, and puts it upon the file of
returned certificates, as already explained. By
tlius numbering the land certificate, he gives a
No. to the charge itself, as will be observed on
CHAKGES AND NOTICES. 125
turning back to the freehold ledger account, in
which the charge is referred to by its Xo. in the
certificate book. The registrar "WTites, at the
same time, in the margin of the charge, a
reference from the charge to a No. which he
gives to the accompanying document.
Documents as they come in are numbered con-
secutively in a manner resembling the numbering
of the returned certificates. A file will scarcely
suit for holding together documents which may be
written on parchment (unless, indeed, the use of
parchment be prohibited); but a string may be
continued through each succeeding document by
a sharp instrument. Or, if this kind of connec-
tion be found inconvenient, the documents may
be kept together by a clasp. Like the retm^ned
certificates, they have been already arranged and
paged, when the filed or strung-together or clasped
bundle has become thick enough for binding into
a volume called " the Document Book," indorsed —
National
Documents
100 to 200.
Documents are to be written book-wise "^dth a
margin for binding ; but an iiTegidarity in tliis
respect must not exclude a charge from the title.
If the original document will not bind, a copy
must be made book-wise at the expense of the
person registering, the original being also lodged
126 EEGISTEATION OF TITLE.
in the office : and, if the iiTegularly shaped docu-
ment is later in date than the commencement of
the register, a j)ecuniary penalty must be added
to the price of the copy. I think the best kind of
penalty will be a stamp-duty on the copy equal to
some considerable proportion, say a third, or half,
of the duty payable on the original, perhaps with a
maxbnum limit of £10; this duty being paid, in
common with all other fees payable at the office,
in adhesive stamps, distinguished as "registration
stamps," in order that the office may get credit
for its profits without being subjected to the in-
convenience of receiving money over the counter.
It will be at once perceived that the register
affords great additional facilities for
Loan Transactions.
A Charge for securing a loan produces in favor
of the lender a certificate of his derivative title,
transferable or chargeable by an appended signa-
ture. It also produces, in favor of the borrowing
freeholder, a certificate of his incumbered freehold
title. This, in a legal point of view, is just as
available for transfer, or for subjection to a fiu'ther
charge, as the certificate of the unincumbered
freehold title originally was. After a second or
third or fourth mortgage, the fi^eeholder still
retains an accurately defined symbol of his re-
maining interest, with an appended form suitable
for giving effect to a still further incumbrance.
CHARGES AND NOTICES. 127
On payment of the mortgage money, the
mortgagee fills up and signs the form of surrender
appended to his Charge Certificate. The sur-
rendered charge certificate, when returned into
the registry, is numbered and filed. The date
of surrender, with a reference to the page of the
surrendered certificate in the Certificate Book,
is inserted in appropriate columns in the sub-
stantive account contained in the Charge Ledger,
and also in corresponding columns in the table of
charges appended to the accomit of the freehold
title in the Freehold Ledger. The entry of the
charge in each of these accounts is cancelled, and
the charge is thus taken out of the title so com-
pletely that no allowed search at the office can
detect its former existence ; while the references
remaining uncancelled, as already explained, at
the beginning and at the end of the line
containing the cancelled entry of the charge in
the Freehold Ledger, as well as the corresponding
references remaining uncancelled in the Charge
Ledger, enable the registrar to turn instantly to
his voucher for the cancellation of the entry, as
well as to trace the derivative title backwards to
its origin.
A mortgage deed is at present a rather formid-
able affair, occupying perhaps several skins of
parchment : but ' ' an act to amend the law of
mortgages" might reduce the length of the special
contract to three or fom- lines; in fact, to a
128 REGISTRATION OF TITLE.
statement of the amount of the loan, the rate
of interest, and the periods fixed for payment of
principal and interest.
Leases.
The transaction of granting a lease cannot,
perhaj)s, be very greatly simplified. The cove-
nants for payment of rent and for quiet enjoyment
might, indeed, be suj)erseded by a general enact-
ment; and a ''common right" of re-entry on
non-payment of rent or on breach of covenant
might dispense with the condition and its at-
tendant technicalities. It is not, however, by
expressing a special contract without special
language (a thing evidently impossible) that the
register of title benefits the lessee. It gives him
a secure title : he may learn with certainty whether
his landlord has power to grant the lease or not.
It gives him a title transferable to a piuxhaser by
mere indorsement, and chargeable with a loan by
indorsement or deposit; a title, moreover, which
may be surrendered by indorsement on the occa-
sion of a now arrangement with the freeholder.
Special Dispositions Relieved from Technicalities of
Form and Construction.
It has been proposed* that the landowner's
power of disposition sliould be reUeved by s^iecial
* See, in particular, IMr. Joshua Williams' communication to
the Registration of Title Commission ; Appendix, p. 807.
.CHARGES AND NOTICES. 129
enactments from various teclmical rules and forms
by which the exercise of it is at present obstructed.
The proposed register will accomplish the same
object, without special enactments, by an in-
cidental effect of the charging- form. For to
charge the freehold with an instrument of disposi-
tion is the only way of producing in the registered
title a deviation from its normal condition of
absolute ownership. And, conversely, any written
instrument registered under the charging form
becomes, by virtue of such registration, a part of
the title. The charge unconditionally introduces
the instrument into the title : it ^' executes" every-
thing lawful and intelligible contained in the in-
strument so introduced. Registration does not
aid the accomplishment of an unlawful purpose of
disposition ; but it gives to any written expression
of intention, capable of operating in equity as an
agreement, the effect of a legal conveyance. It
thus relieves the landowner's power of disposition,
not from one or two pre-eminent technicalities,
but from all technicalities of form and construc-
tion ; and tliis without special mention of them.
Settlements ; lioiv to he Made and Registered.
It has also been proposed,* as "a protection
amply sufficient against improper alienations," to
* See Mr. M. Longfield's communication to the Kcgistra-
tion of Title Commission; Appendix, p. 413. See also " Eeal
Property Act of ISGl" (South Australia) ; Section G7.
S
130 REGISTRATION OF TITLE.
permit registration of title in tlie names of several
trustees ivithoiit survivorship^ so as to compel sur-
vivors to fill up vacancies before transferring the
trust estate. Perhaps, with such a safeguard, or
even without it, there may be landowners who
will prefer to withhold and prohibit registration
of their settlements. But the best mode of settle-
ment is to state the settlor's intentions in the form
of articles, and to register the articles under the
charging form.
Under a settlement so made, the first life-tenant
is freeholder, as at present. He holds a Land Cer-
tificate, subject to the charge; and the trustees
hold a Charge Certificate.
The whole quantity of title which the settle-
ment takes out of the settlor thus becomes con-
centrated in the trustees, or represented by them.
The effect of this arrangement, standing alone,
is that the freeholder and the trustees together
may defeat the settlement.
But any beneficiary may, unless prohibited by
the settlement, register in his own name a notice
of the charge, or of the accompanying document,
so as to ensm^e its retention in the title notwith-
standing a surrender of the Charge Certificate.
Any beneficiary, therefore, is competent to take
his title into his own keeping, unless the settle-
ment itself deprives him of the right to do so.
It may, for example, become usual to register,
in the name of the wife, a notice of the charge
CHAEGES AND NOTICES. 131
registered in the name of the trustees. The lady-
signs the notice (as wife, by anticipation) at the
time when she executes the settlement, leaving the
No. of the charge blank, to be filled in at the
registry at the time of registration.
The notice may be given on a shoii; printed
form, supplied at the registry, with columns on
the back for the particulars of the lands; and
with a blank margin on front and back for con-
venience of binding. Its form may be : —
NATIONAL REGISTRY.— Survey of 18G2.
I, ^[ary Tliompaou,
give notice of Ch arg e No. 270,
affecting the indorsed lands.
Signature, Mary Thompson,
Address, 10, High Street, Kendal.
Description, "Wife of David Thompson, Esq.
Date, i' August, 1860.
The title now stands thus. Tlie fi'cehold is in
the first life-tenant, Avhom we may call the hus-
band. The settlement is a fixture on the freehold,
protected by the charge of the trustees, and by
the notice of the wife; and removable only by
132 REGISTRATION OF TITLE.
^suiTender of their respectiye certificates, or by
judicial order. A judicial removal pre-supposes a
regular, though simple, litigation — the parties
affected are summoned, and heard if they appear.
A lawful sale by the trustees, under a power of
sale, can be effectuated immediately, by signatm-e
of a contract and registration of a notice of it ;
although the freehold is registered in the name of
the husband, and the settlement, by a charge, in
the names of the trustees, and, by a notice, in
the name of the wife. For, as we are supposed to
have got rid of the distinction between legal law
and equitable law, the notified contract protects the
purchaser's title, in all courts alike, as completely
as any other mode of registration. On the pur-
chaser's request, moreover, the husband is bound
to transfer the freehold, and the wife to surrender
her notice ; and these obligations may, if neces-
sary, be enforced in the registrar's court, with
costs.
Shares in a railway company are justly called
personal property, because the title to them is
annexed to the person of an ascertained proprietor.
The share-register here produces artificially, in tlie
title to an immovable subject, a condition re-
sembling that which arises natiu-ally, in the title
to movable chattels, from the material possession
of the thing a]^pro])riated ; namely, the condition
of practical subjection, for purposes of transfer, to
a person reliably exhibited b}" registration in the
CHARGES AND NOTICES. L'io
one case, as by possession in tlic other. Now tlie
landed property of the present day, tliougli still
nominally contrasted with personal property, and
deriving from its feudal original a peculiar rule of
succession, has assumed, in a gradual process of
transformation, the qualities of personal property.
It has become completely subject in theory, if not
yet altogether so in practical effect, to the pro-
prietor's power of transfer, to his testamentary
dispositions, to his debts. Except for its divisi-
bility into partial interests, legal and equitable,
the title to land might evidently be registered in
the same manner as the title to railway shares.
But, if the power of transfer in its entirety can be
annexed by registration to the person of the share-
holder, there seems to be no reason why several
fractional powers of transfer should not be annexed
by registration to the persons of the holders of
the several parts of a divided ownership of land ;
nor why the land-register should not notify, in
favor of ascertained persons, the existence of
documentary matter bearing upon the title, though
not officially recognised as a part of it ; nor why
each fractional title, and each right to the re-
tention of documentary matter in the register,
should not be embodied in a movable and trans-
ferable symbol, following (as a watch or a ring
may do) the person of its owner. Title, under
ever}' variety, being in fact a personal privilege,
cannot be truly exhibited to a purchaser in an
134 KEGISTRATION OF TITLE.
impersonal form. For proj^erty consists not, es-
sentially, in the Avithdrawal of the thing appro-
priated from the domain of the public, but in the
subsistence of a specific relation between the
thing appropriated and the person of its proprietor.
Now, by ascertaining and registering and cer-
tifying this relation, it is possible, without ex parte
jui'isdiction or non-contentious judicial interven-
tion, to reconcile speciality of title with the
maintenance of the transferring power — the whole
quantity of transferring power in each case for the
time being oj)erative — in a state of uniform and
unchanging simplicity. For, if every possible
modification of title is the privilege of a person,
registration of title, under every possible condition
of its ap2:)lication, might be concentrated and sym-
bolized in the name of the person privileged. But
this all-pervading personality of registration — the
condition, in my opinion, of a ministerial registra-
tion of title — necessitates an extended application
of the ancient rule which prohibits an abeyance of
the freehold. For the presumptive owmership
attributed by the register to the fi^eeholder will
be delusive, unless the register can be depended
on for the disclosure of all disturbing interests.
Everything which can affect a purchaser must be
registered ; and nothing can be registered anony-
mously. No part of the registered title can re-
main in susj^cnsion or abeyance, to vest, at a
futui*e time, in a person yet unborn. It follows
CHARGES AND NOTICES. 135
that the interests of unborn children must be
represented on the register by living persons.*
Now to adapt an existing rule to an altered state
of cii'cum stances might not be thought inadmissi-
ble, even tliough it should commit the interests of
unborn children to the sole custody of private
trustees. But such interests may be judicially
protected by a very simple process, vi^hich I pro-
ceed to explain.
A settlement may be registered under the
charging form in favor of the trustees and the
registrar: the effect of this arrangement being, not
that the registrar will act as a trustee, but that he
will not allow the trustees to transfer or surrender
the charge without first obtaining his judicial order
authorising them to do so ; an order which they
cannot obtain without proving, ex parte indeed
but to the satisfaction of an experienced referee
responsible for the due exercise of his jurisdic-
tion, the legitimacy of the intended dealing.
But this judicial control, even while retaining
the settlement in the title, need not imj)ede or
delay a legitimate sale. For the trustees may, as
in another instance mentioned above, exercise a
power of sale without prior reference to the regis-
trar for a judicial order ; and a contract of sale
may be registered instantly by a notice ; in which
case the registrar's control will be exercised after
* See Mr. Ayrtoii's communication to the Eegistration of
Title Comrnission ; Appendix, p. 338.
136 EEGISTRATION OF TITLE.
the sale by awarding or refusing an order for
taking out of the title the charge judicially regis-
tered.
Neither the title of the trustees, nor the judicial
control which may be given to the registrar,
impedes the exercise of any power annexed, by
special grant or by general enactment, to the
ownership of a particular estate. For example, a
lease granted under a power of leasing vested in a
tenant for life is effectually secm^ed by registration
of a notice of the lease.
Theoru and Practice of the Registered Notice.
No system of registration can ensure an in-
variable coincidence of the registered title with
the beneficial ow^iership. For, even if a register
could be qualified to name the proprietor of every
possible beneficial interest, cases Avould still occiu-
of interests excluded from the register by non-
fulfilment of the conditions, however simple, of
registration. Now any exclusion of a beneficial
interest from the register must, to the extent of
that exclusion, impart to the holder of the regis-
tered title a power of wrongful disposition ; unless
the refusal of affirmative recognition be mitigated
by giving to the holder of the excluded interest a
sufficient power of self-protection. A person who,
from any cause, is not named ( >n the register as the
proprietor of a right belonging to him, or claimed
by him, ought to be ])rovided with an easy method
CHARGES AND NOTICES. 137
of asserting, on his own responsibility, what tlie
State refuses to assert on his behalf. If the reais-
ter cannot recognise his title, it ought at least to
preserve his claim by appending a notice of it to
the registered title. Notice to the holder of tlie legal
title is already the proper and ordinary method of
protecting an equitable right: the register, by
attaching the notice to the title, ensures its
effectual operation without altering its object or
meaning.
A notice, bearing the name and address of some
person responsible for it, is regular, in point of
form, if proposing registration of a document, or
any part of a document, or any statement of the
effect of a document, or any fact, alleged to affect
the freehold or some derivative title. A mere
general claim to the land is not received ; but the
registrar does not inquire into the claimant's
interest or into the relevance of the matter
stated.
A copy of the notice is forwarded by post from
the registry to the registered holder of the title
affected ; who may take out a registrar's summons
calling on the registered holder of the notice to
show cause why the entry of it should not be
discharged ; and an order to that effect takes the
notice entirely out of the registered title. In case
of an appeal from the order, the claim notified is
kept on foot by registration of the pending
appeal. If the order of removal is allowed to
T
138 REGISTRATION OF TITLE.
remain uncontested, or is affirmed on appeal, it
annuls the claim itself.* I cannot think that a
power of registering, not mere claims^ hut documents
or facts, under the responsibility of the summons-
test, and at the peril of costs, will often be abused ;
and I should deprecate the imposition of an
oath or declaration to perplex the conscience of
a claimant desirous of asserting an honorable
though doubtful claim on the faith of the opinions
of his legal advisers. The expediency of regis-
tering title may be questionable, unless the utmost
possible facility be afforded for the registration of
counteracting evidence. I would even go the
length of allomng registration of a legal pro-
ceeding by anticipation, on condition of its subse-
quent commencement within a limited number of
days.
Though it is desirable, as already mentioned,
that the business of registration should be carried
on through responsible agents, yet the conduct of
it by the persons interested, on their o^^m account,
ought not to be discom'aged by needless official
* " I would suggest that, in all cases where future suits are
to be apprehended, proceedings might be adopted immediately
to raise the question and quiet the title The Scotch
l:nv permits a declaratory action to be instituted by
the party in possession or expectancy, quia timet, and enables
him to make all those whose claims he dreads parties, so
as to obtain a decision of tlie question immediately." Mr.
Brougham's motion on the state of the Courts of Common
Law, 7th of February, 1828; 18 Ilansai-d, 179.
NATIONAL ]
Survey oi
No. 623 NOTICE c
©•pnr Diu'ham and Westmorela
Acres 1629.219
I certify flmi. Mary Thompson,
of 10, High Street, Kendal, wife of David
is the holder of Notice No. ^i^
o f Charge No. 276
referrino- to ^ Settlement dated 4 August; 1
No. _383
affecting the Freehold of
the indorsed lands
London, 6 August, 186 6_
Ledger page 217
TRANSFERRED to_
of
Signature,
NATIONAL REGISTRY.
Stjevey of 1862.
No. 623 NOTICE CERTIFICATE
OfficiaA Frvr Dui-ham anil Wcsliuoreland
Acres-MMIL
I certify t.liat, Mary Thompson,
of 10, High Street, Kendal, wife of David Thompson, Esquire.
is ihp. holder of Notice No. 217
o f Cbaj-ge No. 276
referrino- to a Settlement duted 4 August, 186G
No. mi
affecting the Freehold of
the indorsed lands
London, 6 Augii-qt. 186(L
Ledger page 217
John Turner.
For the Registrar.
TRANSFERRED to_
Signature
Date
Signatm-e of Witness _
Address
Description
SURRENDERED for the purpose of_
Signature .
Date_
Signature of Witness .
Address
Description ^
REGISTERED LANDS.
St. Lawrence Appleby .
Scattergate
Applethwnite
L'■s^^)
2011
lu;U
0- 100
30' 735
SO 1-.')S0
127-HlO
Pasture
Pasture
Pasture
Pasture
Pasture
Arable
Wood
Pasture
Pasture
Pasture
Arable
Wood
Pasture and furzo
Pasture and furze
Pasture, furze, cart-road, and stream
Rough pahture and streaii
Moor, rocks, streams, &c.
Kougl) rocky pasture, streams, &
Pasture, rocky pasture, streama.
Waste and trees ..
Houses and yard ...
laliiud iiiid tn'.'« , , ,
May, ISO.'.
17 Deconibor, lyo.'
'<i Juno, lS(jiJ.
i June, IStiQ.
15 January, isot
13 June, IHOU.
29 June, IHtiO.
13 April, ISOO,
]■!. April, 1800.
00
OS
H
O
o
H
O
o
w
O
1— '
00
t5
1— 1
o
>
H
K
CHARGES AND NOTICES. 139
impediments. To permit the transmission of
notices through the post-office will be only a reason-
able accommodation to persons resident in the
provinces; the office-fee being payable by an
adhesive '' registration-stamp." If the stamp on a
notice be made the same as the stamp on an
application for an official extract of a freehold
title (say half-a-crown), this uniform stamp may
soon be almost as well understood as the penny
postage-stamp.
Entries Consequent on the Registration of a Notice.
The Notice Certificate.
The Notice, whether delivered by hand or sent
by post, is made the subject of a journal entry ;
which is posted into the table of notices appended
to the freehold or derivative title affected bv the
notice, and into a substantive account in the
Notice Ledger.
A Notice Certificate, in the annexed form,
issues in favor of the person entering the notice,
bearing forms for transfer or surrender. By means
of the appended form of transfer, the title to the
notice is made to follow the title to the interest
protected by it : and, by means of the appended
form of surrender, the notice is taken out of the
title when no longer needed.
A notice, during its continuance on the register,
introduces the matter notified into the title, for all
pm-poses, and in favor of all persons; but the
140 REGISTRATION OF TITLE.
registered holder of tlie notice can at pleasui-e
withdraw the protection.*
Registration of Notices may he Restricted.
It is not permitted to limit the effect of a
notice to the protection of the interest of the
holder of it: for it is a fraud on the pai-t of a
purchaser to disregard any known right, whether
its existence has been communicated to him by
the owner of it or by some one else. But the
right to register a notice may be waived by
contract, or taken away by a condition annexed to
a grant. If, then, inconvenience should be occa-
sioned in practice by the registration of remote or
inconsiderable interests in settled estates, the gene-
ral power of registration legally incident to every
form of proprietorship may be cui^tailed by an
ordinary pro\asion to that effect in settlements
and wills. Convenient rules will naturally result
from an unfettered experience; and, in time, the
practice of conveyancers, sanctioned by some
future register act, may obtain the force of
law.
Indexing of Charges and Notices.
The Index to the ledger account of the free-
hold title is the only public land-index. The
* Compare the official protectorship of deeds and wills pro-
posed by Mr. Kettle in his coniraunication to the Registration
of Title Commission; Appendix, p. 302.
CHARGES AND NOTICES. 141
ledger account of the freehold title contains re-
ferences, as already explained, to all charges and
notices affecting the freehold title. The ledger
account of the title to a charge may refer to other
charges and notices affecting the derivative title,
but not affecting the freehold; and the ledger
account of the title to a sub-charge may refer to
other charges and notices affecting only the sub-
derivative title : the registration of a complicated
title being thus arranged into a graduated system
of mutually connected entries, to the whole scries
of which the public land-index to the freehold title
is a key.
A charge or a notice affecting the freehold
title, but not extending to all the lands comprised
in it, is indexed by reference to the freehold title
partially affected by it. So a charge or a notice
affecting a derivative title, but not extending to
all the lands comprised in it, is indexed by
reference to the derivative title partially affected
l)y it : the entries and certificates showing, in each
of these cases, that the charge or notice is only
partial in extent. If a charge or a notice affects
lands comprised in several freehold titles, the
particulars of the charge or notice are appended to
each of the freehold titles, so as to make the
account of each fi-eehold title complete in itself;
the derivative title remaining, however, undivided,
and being registered substantively in a single
account.
142
REGISTRATION OF TITLE.
The holders of charges and notices are in-
dexed like the freeholders.*
Derivative Titles Prior to the Registration of the Free-
hold. The Distinction hetween the Charge and the
Notice.
Any title of any kind, whether prior or subse-
quent to the registration of the fi'eehold, may be
protected by registration of a notice. A notice
registered before the registration of the fi'eehold is
indexed independently, in a temporary column of
the public land-index, as follows : —
No. on
Map.
Freehold Title.
Notices.
1
2
3
4
5
6
ir
17
17
It will be understood that the red-ink figures in
this form refer to an account opened in the Notice
Ledger for a notice registered before the registra-
tion of the freehold. The charging of a title is
invariably posterior to the registration of the
freehold ; but may, with the freeholder's consent,
* Pace 117.
CHARGES AND NOTICES. 143
be effected during the introductory local pro-
ceedings, and before the certification of the free-
hold.
A registered charge is a sort of derivative pos-
session ; a special investiture, granted, in 2)ursuance
of the freeholder's disposition, by the authority
which establishes the freehold itself.
The notice, on the contrary, has no authorita-
tive sanction. It is received for what it may be
worth, and exhibited, as a private assertion of title,
till removed by consent or compulsion.
The charge is a growth or expansion ft-om
within; the notice an impression from without.
Either mode of exhibition is available in favor of
any derivative title.
Notice Extrinsic to the Register.
Though a purchaser is bound by a claim of
which he has notice in any way, yet the register
is the practical measm^e of his obligation. For,
before completing his purchase, he writes to every
person supposed to have a claim, informing him of
the approaching completion of a purchase, and
requesting him to register within a week any
claim which he desires to make ; and the claimant
must comply with the request, on pain of for-
feiture.
144
CHAPTER VII.
EEGISTEATION OF TITLE BY SUCCESSION ON DEATH.
On the death of a proprietor, two things are
requisite ; fii'st, nomination of a successor to ad-
minister his estate; and, secondly, disclosure of
the successor's representative character, to prevent
misappropriation.
For nomination of a successor, the simplest
plan is to extend the jurisdiction of the probate
court, and the title of the executor or adminis-
trator, to real estate.*
The executor or administrator thus becomes
entitled, on surrender of the current land certifi-
cate, to be registered as freeholder.
But his representative character is mentioned in
the register along with his name ; and the fact of
his rei)resentative holding is retained in the title
for some sufficient period (perhaps six years), not-
* See First Eeport of Chancery Commission (1852), p. IG;
Second Report of Chancery Commission (1854), pp, 13, 31 ;
Keport of Registration and Conveyancing Commission (1850),
p. 20; Report of Registration of Title Commission (1857),
p. 38; and Mr. Butler's description of the Roman Law of
Succession, Coke tipon Littleton, 191", note.
SUCCESSION ON DEATH. 145
withstanding any number of transfers dimng that
period. Suppose, for example, tliat an executor
or administrator is registered as fi'eelioldcr in
1864, and that afterwards, through fifty successive
transfers, the freehold passes in 18(39 to John
Smith. The uncancelled ledger entries disclose the
representative holding in 1864, and the ultimate
holding in 1869, without anj-thing between:
warranting the soundness of the fifty intermediate
links, but not the original transmission fi'om the
executor or administrator. Thus, after fifty trans-
fers, protection is still given, so far as it ought to
be given, to the title of the heir or other person
who ought by law to have had the benefit of the
property of the deceased. For, if the executor or
administrator had not power to sell, the register
itself declares, to the end of the prescribed period,
the defeasibility of the latest consequence of his
sale. The actual registered holding is qualified
by a continued reference to its representative
origin as the measure of its present insecurity.
After the end of the prescribed period, the entry
of the representative basis of title may be removed
by a registrar's order ; nor can it, after its removal,
affect a subsequent purchaser for valuable con-
sideration and without notice. The heir or other
beneficiary may still have a personal claim on
the representative, but has lost his hold of the
land.
Even by disclosure of a former representative
u
146 KEGISTRATION OF TITLE.
holding, the register facilitates the proof of title.
For an uncontested entry of a grant of adminis-
tration is, in favor of a purchaser for valuable
consideration and without notice, conclusive evi-
dence of the non-existence of a will; and an
uncontested entry of a will is, after some moderate
period, say a year (which I mention in imita-
tion of a provision of the bankrupt law), con-
clusive evidence, in favor of a like purchaser,
of the validity of the will. Of course any entry
may be impeached, and thereby, for the time,
discredited; but, while it is left unimpeached, a
purchaser must be allowed to give credit to it.
If a six-years' period of disclosiu*e is too short,
let it be ten years, or twenty. For a testator can
always dispense with it, or shorten it, by a clause
in his will — for example, thus: — ''I declare that
this my will shall not be disclosed by the land-
register;" or, "I declare that this my will shall
be disclosed by the land-register for one year
only." And, as the rule operates invariably,
unless somebody calls attention to an exception,
the registrar need not in any case read a regis-
tered will proprio motii, for the purpose of ac-
quainting himself with his duty respecting it.
The representative succeeds, of course, to all
derivative titles, as well as to the freehold. He
appears to succeed even to a title ending with the
life of the deceased. For he continues the j^erson
of the deceased; whose name is on the register.
SUCCESSION ON DEATH. 147
The life-tenant's rightful successor cannot get upon
the register without displacing the representative.
There may be litigation, but there cannot other-
wise be complexity, in the registration of title by
succession on death : for this consists, invariably,
in the registration of a person; and the person
to be registered either is the representative or
excludes him. Seisina facit stip'dem — succession
always has a relation of continuance or antagonism
to the last registered holding.
148
CHAPTER VIII.
NEGOTIABLE DEPOSIT-NOTES.
Money may be secured on land by charging and
depositing the land certificate : to file which,
publishes the loan, and produces a mortgage
transferable by indorsement. But this is not
enough. The machinery must be qualified to
secure a loan tvithoiit ]3ublic disclosure, and to give
to the security an immediate currency.
These objects are accomplished by the annexed
Deposit-note. To explain its operation, I will de-
scribe its contents ; assmning such prior changes in
the law of mortgages as may have been necessary
for completely effectuating any wiitten agreement
to charge money on land.
A printed form of Deposit-note is to be obtained
at the registry, containing four parts: viz. — (1) a
memorandum of loan ; (2) an authentication of the
deposited land certificates ; (3) a receipt for the
money lent ; and (4) a schedule of the deposited
land certificates. These four parts fill a page, the
back of which is left blank for indorsements.
Or, to allow room for very numerous indorsements,
Pi
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DEPOSIT-NOTE.
£ lOO.OOd
BoEBOWED from 'I'lii- Natiiiiial Dis.'diiiit ( 'oiiijiam Limited
o f l.i.ndi.i.
on deposit of fouiteoii Land Certificates scheduled at foot, com-
prising _jiii!i!it>i8_acres, the sum o f < >iic Hundicd Thousand Pounds,
payable nn 1 I )(;(onibei-. 186(3.
with interest at the rate of i'uur per cent, per annum, payable
Signature M'illunii Howard
Date 1 August. 1866.
No. 687
I CERTIFY that the fuuiieun Land Certificates scheduled at foot,
tie binJing titles to the lands comprised in them.
Jolin Tm'nei-.
For the Registrar.
London, _J .Au^u-it^lS 6fi,
Received the above-mentioned One H undred Thou-sand Pounds.
Signature WilHani Howard
Date 1 August. 1866.
SCHEDULE OF DEPOSITED CERTIFICATES.
m
Registry.
NO.
c«en„.
Begislry.
XO.
Co,„„U.
Natiouiil . ,
•>'ll.
14.236
Westiiioraknd .
nil
140 721
Til
3-21.071
284
77.C8(J
74«
2.30:i
„
1243
12.323
8H4
1171.921)
Vorksliiro . .
732
2.004
900
.524.221
841
91.037
Durham .
7f.
17.842
London . . .
1011
.041
811
.54.527
1732
.022
Tutal .-ici-es .
. . 2430.638 ]
.John Turner. i
NEGOTIABLE DEPOSIT-NOTES. 149
a whole sheet may be used. The deposit-note
is bound up by a ribbon with the deposited
certificates.
The parties fill up and sign the memorandum of
loan (part 1), and also a du^^licate of it on a
second form. The duplicate bears an adhesive
mortgage stamp (half-a-crown per hundred pounds).
Both copies are sent to the registry. They are
attended to immediately, in preference to ordinary
business, and the principal deposit-note is returned
to the bearer within half-an-hour.
The mortgage stamp on the duplicate is can-
celled, and the duplicate itself filed, having first
been paged mtli the No. immediately following
that of the duplicate last filed. These duplicates
are from time to time bound into volumes,
abeady paged by the numbering, and indorsed
thus : —
Duplicate
Dej)osit-Notes
1 to 750.
Besides filing the duplicate, the officer com-
pares the land certificates attached to it with the
ledger accounts of the titles, and, if the certifi-
cates contain all that appears in the accounts, he
authenticates the certificates by filling up and
signing, on the principal deposit-note, the form of
authentication appended to tlie memorandum of
loan (part 2), im})rcs8ing an official seal over the
ends of the binding ribbon.
150 KEGISTKATION OF TITLE.
He also numbers the principal deposit-note with
the No. or page of the filed duplicate (which
cannot be forged) ; and imj)resses upon it a stamp
acknowledging payment of the mortgage duty;
and he signs the schedule of certificates (part 4),
first ruling a thick line under the last line of
Wi'iting, and adding up the certified quantities of
land (if not already done), to prevent interpola-
tion. It may happen, as in the example given by
the annexed deposit-note, that the deposited certifi-
cates belong to several departments of the registry.
There is, however, some one place in the registry
for receiving and returning all dej^osit-notes, and
the passing of a note from room to room is an
internal arrangement of the office.
When the deposit-note comes back from the
registry, the money is paid to the borrower, and
the lender's security is completed by the addition
of the borrower's signature to the appended receipt
for the loan (part 3).
In the now completed deposit-note, the lender
receives a mortgage, whicli, if made after the
end of the period of transition, conveys to him an
indefeasible parliamentary title — a title which the
Courts of Law, as well as the Court of Chancery,
will protect and enforce. The deposit-mortgage
is transferable by indorsement, like a bill of ex-
change ; and (if made after the end of the period
of transition) confers on eacli successive indorsee,
without further rci^istration or further reference
NEGOTIABLE DEPOSIT-NOTES. 151
to the register, an indefeasible parliamentary title.
Indorsement operates sans recom^s; passing the title,
but not guaranteeing the debt. It is in favor
of the bearer if the indorser only signs his name ;
or in favor of a named transferee, or his order, if
so specified. Or rather, I should say, the special
indorsement need only name the indorsee, his
power of orderinci being implied.
Besides authenticating the deposit-note, the re-
gistering officer has incidentally put a distringas
upon the titles represented by the deposited land
certificates. This he has done by wiiting " de-
posited, No. 687" (the No. of the filed duplicate),
either at the top or in a suitable column (I have
not given a column) of each of the ledger accounts.
The distringas is removed by striking out the
memorandum '' deposited, No. 687," if, when the
loan is repaid, the borrower forwards the principal
deposit-note, by post or otherwise, to the registry.
He will doubtless, for his own protection, have
taken a receipt on the back of it ; but with this
the officials have nothing to do. All they look to
is the filing of the principal deposit-note ; which,
like the duplicate, is paged with the number
following that of its immediate predecessor, and,
in due course, finds its way into a volume in-
dorsed —
Principal
Deposit-Notes
1 to 750.
152 EEGISTRATION OF TITLE.
On the filed duplicate is written a reference to
the filed principal and vice versa.
While the distringas remains in force, it merely
suspends for a week* the issue of a certificate in
substitution for a deposited certificate. Thus, if
one of the deposited certificates is brought into
the ofiice before the principal deposit-note has
been filed, the ofiicer tells the bearer to call for
his new certificate or certificates on the eighth
day after ; or, if the deposited certificate comes in
by post, the correspondent is informed by post
(on a printed form) that his new certificate or
certificates Avill be forwarded on the eighth day
after.
The lender's title is perfect without the distringas;
which is added as a safeguard to the holder of
the security, and to the register ofiice, against the
consequences of loss or tlieft of the deposit-note
and the certificates attached to it. We may
assume, I think, that indorsement will be almost
always special. AVith reference, however, to
the case of a deposit-note generally indorsed,
all that can be said is that, if money-lenders
choose to make their land securities payable
to bearer, like bank notes, they had bettor take
care of them. But, we may further observe,
generality of indorsement does not extend itself
* See the evidence of tlie late Mr. James W. FreshGeld,
Solicitor to the Bank of England, before the llegistration of
Title Commission; Appendix, p. 285, Section 495.
NEGOTIABLE DEPOSIT-NOTES. 153
from the deposit-note to the land-titles represented
by the deposited certificates. Tliese do not pass
without indorsement; and a forged indorsement
of them cannot be successful, if, in case of theft
or loss, the hokler of the deposit-note writes, as
he doubtless mil do, within the period allowed for
the currency of the distringas ^ to stop the registra-
tion of a"ny attempted transfer of the deposited
certificates. So that, even if the holder of the
deposit-note should, because of a general indorse-
ment, be deprived, l)y theft or loss, of his title to
the security, the injury could scarcely extend
itself to the titles to the lands mortgaged. And, if
in some very extreme case it should do so, the loss
would fall on the office, and not on the landowner.
Even a special indorsee may lose the benefit of
his security, if, with knowledge of theft or loss, he
omits to give notice of it to the borrower, and a
payment is in consequence made, in due coui\se, to
a wrong person.
Ought the owner of a stolen or lost deposit-
note to be liable to make good to the register
office any loss occasioned by his neglect to give
instant notice to the office of theft or loss ?
The liability would be just ; but, I think, needless
and inconvenient. Such negligence will not often
happen, and may, if necessary, as in the parallel
case of tlie certificates, referred to in a former
page,* be covered by a small insurance-tax.
* Page. 92.
X
154 REGISTRATION OF TITLE.
There was a time when a negligent householder
was liable to his neighbours for the spreading of a
fire jfrom his house to theirs; but the modem
claim on an insurance company is, in every point
of view, a preferable remedy.
If there should be a national valuation of land
in England, as in Ireland, the land certificates
will give the values as well as the contents and
descriptions of the lands.
During the period of transition it will be usual
to accompany the deposit-note with a policy in-
suring the registered titles against unregistered
claims.*
I may add, as a postscript to this chapter,
that no trace of the deposit-note will remain, after
its discharge, on the land certificates, even in the
holes made for the binding ribbon, if binding-holes
are stamped by anticipation, in land certificates
generally, as originally issued.
* See p. 63.
155
CHAPTER IX.
CONCLUDING REMAEKS ON THE FUNCTIONS, CAPA-
BILITIES, AND BENEFITS OF REGISTRATION.
A JUDGE treats possession as proof of title, unless
it be contradicted : a land-purchaser requires pos-
session to be corroborated by proof of its ante-
cedents. Yet possession cannot really be the less
reliable because of the absence of a dispute.
Possession is a natural register of title, available
for the possessor's defence — a presimiptive, though
fallible, expression of the result of past transactions
and events. Do we desire that registration
should be available for other piu-poses, as well as
for defence ? Let us, then, eliminate from the
possessory register the cause of its fallibility. To
contrive plans for registering a disembodied right
of property is like an attempt — in the fairy-tale
alone successful — to separate the shadow fi'om
its substance. Property cannot be divested of
corporeal relations : its action, its evidence, the
cause of its existence, is material appropriation.
Appropriation transmitted by writing may be
156 REGISTRATION OF TITLE.
examined retrospectively at its written points of
change. From such retrospection stocks and
shares are free, because their ■\ATitten changes of
appropriation have been tested and sanctioned by
registration. Land, on the contrary, groans under
the burden of its antiquities.
Now registration is only needful in aid of the
power of disposition : for possession proves itself,
as we have seen ; and the heir and next of kin are
content to succeed on the faith of the possession of
the deceased. But the power of disposition
belongs to property in general. If the land-
owner can settle his land by deed or will, an
equal power of settlement belongs to the owner of
jewels or pictures, of stocks or shares — of any-
thing durable enough to be settled. Of funded
property, especially, a large proportion is actually
under settlement* — actually in a state of compli-
cation, which may be, and sometimes is, in degi'ee
equal to the highest that can affect the title
to land.
We have, then, before us, in the register of
funded property, an example of a register of
* A return made to the House of Commons on the motion
of the present Chancellor, sliows that, in 1854, 117,828 out of
261,479 holdings of funded property were in joint names. So I
read the Evidence of tlie late Mr. James Freshfield before the
Kegistration of Title Comn)ission (Appendix, p. 288; Sections
540 and 550) ; but I have been unable to find the return.
Joint holdings are, for the most part, fiduciary.
CONCLUDING REMARKS. 157
possession,* working efficiently, on a very large
scale, under conditions analogous to those of
land.
It is in imitation of this notable example that I
have constructed the land-register described in the
preceding chapters. I have not professed to
register complex titles without comjolexity ; but
only to impute to each title separately the com-
plexity or simplicity which in fact belongs to it.
Nor have I made a register only for perfect titles.
All titles are of interest to their owners and to the
public ; and the machinery of the law of property
ought to be flexible enough to adaj^t itself to every
condition of appropriation.
The register of funded property (which, for
conciseness, I may call " the stock-register")
presumes derivation of succession from an im-
mediate antecedent ; and acts upon this presump-
tion invariably, unless judicially controlled. The
land-register, while accepting a like presumption,
allows it to be varied by registration, as well as by
judicial intervention. In the stock-register, a law
of immediate sequence fixes succession by ex-
cluding competition : in the land-register, a pre-
sumption of immediate sequence either operates
simply or regulates complexity — either introduces
the regular successor, or, by yielding to a voluntary
or judicial counteraction, j^uts a competitor into
his place.
* See Chapter 11.
158 KEGISTEATION OF TITLE.
The stock-register describes every title as
simple, whether it is so or not : the land-register
gives to every title the credit of simplicity, except
so far as it shows it to be complex.
The stock-register, in naming the possessor, pro-
fesses to define the som^e of all fatiu*e possession:
the land-register does the like presumptively, but
allows the presumption to be controlled. The
same documentary matter, which changes the
succession when a vacancy occurs, may change
the law of succession prospectively by registration
beforehand.
I have shown that any possible title, or claim
of title, may be registered, instantly and certainly,
by a Notice — must, on pain of forfeiture, be so
registered, on request of an intending purchaser —
being registered, may be contested by the person
interfered with — is withdrawn, by consent or com-
pulsion, as soon as its pm'pose has ceased — and
is, in the meantime, aj^propriated to a specific
person, and attached to specific land.
Possession, whether of stock or of land, is the
basis of registration ; but, whereas the stock-
register is limited by possession, and reduces a
non-possessory right to an equitable claim on the
person of the registered proprietor; the land-
register gives a place, and a legal standing, to all
that can affect the title, whether possessory or
non-possessory.
The natural prominence of possession happens,
CONCLUDING REMAEKS. 159
in the stock-register, to be coincident with an
arbitrary distinction of jurisdictions. It prevailed,
however, in the legal courts before the commence-
ment of that distinction. In the law of market
overt^ it is as old as the Heptarchy ; and another
immemorial application of it protects the honest
acquisition for value of negotiable securities and
current money.
In the stock-register possession is a single prin-
ciple : in the land-register it admits of division.
The freehold may, for example, be registered in
subjection to a registered lease. Both freehold
and lease are immediate possessory rights ; but
the freehold is, by law and usage, the principal,
the lease the accessory.
The land-register — to sum up its results — makes
provision for perpetual registration of possession ;
for subjection of possession to possessory charges,
and non-possessory claims ; and for a movable
duplication of the register by secondary sjTubols,
defining the land and the title, identifying the
holder, and providing means of indorsement or
deposit. This machinery is a counterpart of
realities. It does not introduce any fiction, nor
disguise any truth, nor alter in any way the
substance of the law.
I ''take the system of real property law as it
stands, and adapt the scheme of registration to it:"*
* Evidence of Mr. Hayes; Appendix to Second Eeport of
Real Property Commission (1880), page 359.
160 REGISTRATION OF TITLE.
first, because I heartily believe our land-law to be
in substance good; and, secondly, because it is
not the business of registration to remove its sub-
stantive defects.
We are to begin by registering a presumption
of title, to grow into a certainty. The pre-
sumption will be insurable ; and the means of
transfer will become simple immediately. The
benefits of registration, therefore, will not be
postponed to the end of any period, whether
shorter or longer, which it may be thought right
to allow for the registration of existing rights.
The Register is, in a certain sense, complete in
each parochial or other district which in turn is
brought within it. But, in order fully to judge of
its capabilities, we must look forward to its ex-
tension throughout the country.
Let us, then, for a moment, suppose that all the
appropriated land in England has been absorbed
into a system of land -accounts kept at the registry ;
which, like cash accounts at a bank, can be opened
or closed, enlarged or diminished, united or divided,
by signatures to printed forms.
The values represented by these accounts have
become (we must further suppose) negotiable, for
sale or security, by the mere signatures of the
holders. A market has arisen for deposit-notes,
perhaps as great and almost as regular as the market
CONCLUDING REMARKS. ICl
in consols. Competing land-banks supply agricul-
tural capital at the lowest current rate of interest ;
and take up in deposit, for fixed periods or at call,
to be so reinvested, any capital otherwise unem-
ployed. Land may be owned for profit, when
some four-fifths of its value can be borrowed by
its owner on his land certificate ; and capitalists
and companies compete with the landed nobility
and gentry in the trade of farming-ownership.
Householders own theu* residences; tradesmen
their shops ; to some considerable extent (we may
hope), even working men their cottages.
The Register is, for all useful purposes, open to
the public — yet the landowner's necessities are
disclosed only to the capitalist who gives him
money on his deposit-note. The value of land in
general is raised by the option given to each
proprietor to hold simply and absolutely — yet
freedom is not compulsory; for the power to
make settlements by deed or will remains un-
shaken and undiminished.
Registration is infallibly correct and secure;
although (or because) it abjures retrospective in-
vestigation. To every claimant it extends an
equal and impartial protection. Law and equity
it unites ; tenures and uses it condemns to a
harmless inacti\aty.
By " the greatest possible centralization of in-
formation, and diffusion of it from the centre,"*
* Mill on Liberty, p. 204.
Y
162 EEGISTRATION OF TITLE.
Registration effects a complete Emancipation of
the Soil ; without taking from the proprietor the
evidence of his title, or the ability to act for
himself in the exercise of his power of dis-
position.* •j'
* By permission of Sir Henr}^ James, I have reprinted,
in a second Appendix (p. 81), an extract from bis annual
report, just issued, which explains the actual state of the
Ordnance Survey.
t Almost at the moment when this last sheet was going to
press, I had the advantage of seeing a printed copy of Mr.
Torrens' paper on Eegistration in South Australia, read in
March, 1863, before the Law Amendment Society, and to
which I have already had to make acknowledgments. Mr.
Torrens has not only described the South Australian system of
registration, of which, as Registrar- General, he has the charge,
and which appears to be identified, with his name, but has also
illustrated his description by printing with it a complete set of
the forms in actual use. These, as the result of a large and
apparently successful experience, will deserve the utmost
attention and consideration in the construction of a land-
register for England, even if it should be found that the South
Australian system cannot, in general, be actually copied for use
in this country.
On the question of Central Registration, Mr. Torrens
observes (p. 17) : —
" The system is central, there being but one Registry Office
"in each Colony, yet the Registering Officers correspond
"officially, transmitting documents and facilitating business
*' for parties resident in one Colony dealing with land situated
" in another.
" Some misconception prevails respecting the advantages of
" District Registration. The dealings of a proprietor are not in
" any way facilitated by the existence of a Registry in the locality
CONCLUDING REMARKS. 163
" where the lands are situated, although he may derive some
" convenience from the existence of a Registry at the pLace
" where he happens to be at the time of dealing. It is, there-
"fore, questionable, whether a General Register in the uietro-
" polls would not, after all, best meet the convenience of the
" bulk of proprietors. * * * *
"... . Whatever judgment may be exercised in dividing the
" country into Registration Districts, it will frequently happen in
" the course of time, through the fresh combinations of property,
" that the dividing line will intersect land held as one estate,
"necessitating double registration, and inducing a peculiar
" difficulty in the case of mortgage, in adjusting the proportion
" to be charged on the several parcels of land as divided by the
"imaginary line. The cost also which this would entail con-
" stitutes an objection, which my long experience enables me to
" estimate ; and I am satisfied that the effect would be, at
"least, to double the expense of the system. If it could be
" shown that any appreciable advantage was to be gained by
" District Registration, this objection might be waived ; but
" our experience in Australia is to the contrary. * * * *
" As this Central Registration works so satisfactorily in the
" widely scattered population of Australia, there can be no
" doubt of its success in this country, where the facilities of
"communication are so superior."
Difficulties in Australia may be no measure of difficulties iu
England. The following is, however, encouraging (p. 17J : —
" Experience has shown the difficulties and risks attendant
" on the introduction of this system to be anything but for-
" midable. It has not, as was anticipated by many, been found
" necessary for landed proprietors, availing themselves of it, to
"forego to any appreciable extent the freedom which, under
"the English system of conveyancing, they enjoyed in the
" settlement and disposition of their property. The difficulties
"predicated with regard to dealing with equitable interests
" have not arisen ; and the publicity of the procedure antecedent
" to placing land for the first time on the Register has tended
164 EEGISTRATION OF TITLE.
" to deter persons boldiug under friiudulent or radically bad
'•titles from applying."
That Eegistratiou of Title has, at any rate, been a work ot
magnitude and of great public interest in the Australian
Colonies, appears from the following passages (p. 17) : —
" The procedure is so simple and ready of accomplishment,
" that parties dealing for the most part transact their own
'• business, and brokers are licensed to assist the uneducated.
"A saving of nineteen shillings in the pound sterling has been
" effected in the cost of conveyancing. The wealth of the
"community has been increased by restoring to its intrinsic
*' value, as building sites, land which, deprived of that special
" character by imperfect evidence and technical defects in title,
" lay waste and unprofitable. The value of land as a basis of
" credit has been raised by the extraordinary facility and
" security with which equitable mortgages and registered
" charges are effected, and the ease and rapidity with which the
"title may be transferred from hand to hand. Through the
" simplification of titles, so that eacb freeholder stands in the
" same position as a grantee direct from the Crown, the risk of
" Chancery suits has been reduced to a minimum, and a ready
"and inexpensive procedure in foreclosure and ejectment has
" been obtained.
"Low as the charges may appear, they already suflBce to
"cover the expenses of the system. In Queensland it haa
"entirely superseded the old process of conveyancing. Recent
" advices from Victoria inform me, that the pressure of business
" already necessitates an increase in tlie ofiicial staff.
"In South Australia, the value of tlie land brought under its
"operation amounts to two millions sterling. The amount of
"mortgages secured thereon exceeds six hundred and seventy
" thousand pounds. The number of voluntary applications to
" place laud under its operation has reached three thousand six
"hundred, and the total number of transactions completed,
"eight thousand seven hundred. But the most satisfactory
" evidence of the success of this measure is afforded in the
CONCLUDING EEMAEKS. 165
" enthusiastic expressious of satisfaction offered by those who
" live under it, iu the shape of public demonstrations and
"addresses, and by the thanks of the Colonial Parliament."
See " Transfer of Land hy Registration of Title, as now in
operation in Australia, under the Torrens System. A Paper read
before the Society for Fromoting the Amendment of the Laio"
(Printed iu Dublin). See also ^'' Handy -Book of the Ileal
Property Act of South Australia." By Bohert B. Torrens,
Registrar- General. (Published at Adelaide).
Q
u_
O
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2
O
UJ =
X =
Q
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CO
O
I- ■
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CO
en
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Q_
PARISH OF S' OSWALD IN THE COUNTY OF DURHAM
MA1'-I>'1)KX T(> THK HOOK OF RI']|'K«lK>rK
PAEISIH MAP in'^he sheets of the (JDnirn MAP.
XIX
-Li *"»■/'
KIMBLESWORTH P? fcoj/oW'-
A-
LANCHESTER P"
^ STREET* p.
SPRING P'?[_L X^
, PrtTINCTOII P»
1 IlirJiI.. a Mllv
(APPENDIX I.)
OEDNANCE SUEVEY OE ENGLAND.
BOOK OF REFERENCE TO THE PLAN
PARISH OF ST. OSWALR
CoNTAi2fiNG 11984-779 Acres ;
ST. MARY-LE-BOW (Parish) Containing 14 166 Acres.
ST. MARY-THE-LESS „ „ 4 158 „
ST. NICHOLAS ,, „ 72 072 ,,
THE COLLEGE (Ex. Par.) „ 27 689 „
THE CASTLE AND
PRECINCTS j " " "
COUNTY OF DURHAM.
COLONEL SIR HENRY JAMES, R.E., E.R.S., F.G.S., &c.,
SUPERINTENDENT OF THE ORDNANCE SURVEY.
EXPLANATORY REMARKS.
The Scale of the Parish Plans is the l-2500th of the actual length
on the ground, and is e(|ual to 25 '344 inches to a mile, which is veiy
approximately equal to one square inch to one acre, the square of
1-0018 inch being equal to one acre.
The length of each sheet is li miles, and the width 1 mile ; the area
of each sheet is therefore 960 acres.
Each enclosure has a reference number to the area which is given in
this Book.
The Braces (/) on the plans are to indicate that the spaces so braced
are included under the same reference number.
The Altitudes in feet above the Mean Level of the Sea are written
thus— 31-4.
The Scale of the Plans of the County is 6 inches to a mile, and each
sheet contains the same area as IG sheets of the Parish Plans. There
is therefore a double reference number to each sheet, as VI. 9., the
Roman Numerals referring to the County Plans, the Arabic Figures
to the Parish Plans.
The following are the characters employed on the Ordnance Plans on
the Scales of 1-2500, and 6 inches to a mile : —
County Names .
Parishes
Extra Parocliial . . .
Antiquities ,
E
Hundreds or Wards
W
Townships Jl
Division of Townships JL
ROMAN
^XVCXtxt^X ox Sax:x)tt
^r yX'*V^yfW orSubseqiwnt
The descriptions of the boundaries are shown by the following initials : —
Centre of Stream C. S.
Centre of Road C. B.
Side of Stream or Drain S. S. otS. D.
Root of Hedge R. H.
Face of Wall F. W.
Centre of Fence
Top of Cop
Centre of Wall...
Defaced
Track of Stream
Undefined Uml
C.F.
T. a
c. w.
Def.
T. S.
Where a change occurs in the boundaries, the symbol [o — o] is used to
show the part at which the change takes place.
TABLE
FOR CONVERTING DECIMAL PARTS OF AN ACRE INTO ROODS AND PERCHES.
Perches.
Rood.
1 Rood. | 2 Roods.
3 Roods.
000
0-250
0-500
0-750
1
006
0-256
0-506
0-756
2
0-012
0-262
0-512
0-762
3
019
0-269
0-519
0-769
4
0-025
0-275
0-525
0-775
5
0-031
0-281
0-531
0-781
6
0-037
0-287
0-537
0-787
7
0-044
0-294
0-544
0-794
8
050
0-300
0-550
0-800
9
056
0-306
0-556
0-806
10
062
0-312
0-562
0-812
11
0-069
0-319
0-569
0-819
12
0-075
0-325
0-575
0-825
13
0-081
0-331
0-581
0-831
14
0-087
0-337
0-587
0-837
15
0-094
0-344
0-594
0-844
16
0-100
0-350
0-600
0-850
17
0-106
0-356
0-606
0-856
18
0-112
0-362
0-612
0-862
19
0-119
0-369
0-619
0-869
20
0-125
0-375
0-625
0-875
21
0-131
0-381
0-631
0-881
22
0-137
0-387
0-637
0-887
23
0-144
0-394
0-644
0-894
24
0-150
0-400
0-650
0-900
25
0-156
0-406
0-056
0-906
26
0-162
0-412
0-062
0-912
27
0-169
0-419
0-669
0-919
28
0-175
0-425
0-675
0-925
29
0-181
0-431
0-681
0-931
30
0-187
0-437
0-687
0-937
31
0-194
0-444
0-694
0-944
32
0-200
0-450
0-700
0-950
33
0-206
0-456
0-706
0-956
34
0-212
0-462
0-712
0-962
35
0-219
0-469
0-719
0-969
36
0-225
0-475
0-725
0-975
37
0-231
0-481
0-731
0-981
38
0-237
0-487
0-737
0-987
39
0-244
494
0-744
0-994
40
0-250
0-500
0-750
1-UUO
N.B. — To convert Decimal Fractions of an Acre into Roods and Perches, multiply
the decimal flrst by 4 and then by 40, preserving the same number of decimals in the
product.
A. R. r.
Example 1.
C33-357 Acres.
4
A. R. P.
527 2....
Example 2
527-013 Acres
4
1-428
40
•052
40
17-120
.... 2-080,
(APPENDIX I.)
PARISH OF ST. OSWALD,
IN THE
COUNTY OF DURHAM.
TOWNSHIP OF BROOM.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XIX. 15.
1
3-428
Pasture.
jy
2
•429
Pasture &: trees.
yy
3
•267
Private road.
99
4
•076
Garden.
XXVI. 3.
5
2-350
Pasture.
)J
6
-324
House, yards, &c. (Ued House).
r
•032
Garden.
8
•631
Ai-able.
9
1^109
Pasture.
10
2-188
Pasture.
11
1-326
Pasture.
)»
12
•642
Pasture, house, <fcc. (Anton House).
XXVI. 4.
13
1052
Pasture.
13a
•157
Pasture.
14
•094
House & garden.
15
•070
Garden.
15a
•324
Garth.
16
•137
House and yard.
17
5-330
Pasture.
yy
18
8-104
Arable.
19
6-906
Arable.
20
6-149
Arable. •
21
9-636
Arable.
22
5-293
Pasture.
XIX. 16.
23
3-289
Arable.
24
8-140
Arable.
XXVI. 4.
25
11-633
Pastiu-e & wood.
XXVI. 3.
26
-342
Arable.
27
10-324
Pasture.
28
5-040
Arable.
ty
29
5-336
Arable.
30
5-612
Arable.
31 ■
8-462
Ai-able.
32
6-488
Arable.
XXVI. 4.
33
4-591
Pasture.
iy
33a
•066
House.
34
•214
Pasture.
35
•451
Wood.
36
•129
Wood.
»
37
5-530
Pasture & pool.
Carried forward.
131-601
TOWNSHIP OF BEOOM.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
131-601
Brought forward.
XXVI. 4
38
•332
Arable.
}9
39
•140
House <fe garden (Auton Field).
i9
40
•245
Pasture.
J9
41
2-245
Pasture.
42
•402
Arable.
)j
43
4-767
Arable.
J9
44
4-252
Pasture.
yj
45
-041
House & yard.
jj
46
4-010
Pasture.
)>
47
9-892
Pasture.
48
5-156
Pasture.
XXVI. 3.
49
7-800
Pasture.
?»
50
8-583
Pasture.
51
9-256
Arable.
jj
52
6-444
Wood.
53
9-458
Arable.
XXVI. 4.
54
9-268
Pasture.
J>
55
9-963
Arable.
99
56
10-192
Pasture.
J)
57
12-638
Pasture.
9)
58
4-892
Wood, &c.
yi
58a
3-911
Wood, <fcc.
99
59
6-771
Pasture.
JJ
60
9-667
Pasture.
JJ
61
•321
Stackyard.
JJ
62
1-712
Houses, &c. (Aldin Grange).
JJ
62a
•160
Bank, &c
JJ
63
•122
Wood.
JJ
64
•459
Pasture.
JJ
65
4-854
House, pasture, streams, trees, &c.
)j
65a
-066
Garden.
JJ
65b
-062
Wood.
JJ
66
5-006
Arable.
66a
-075
Rough pasture.
JJ
67
2-688
Arable.
JJ
68
2-436
Arable.
XXVI. 3.
69
8-680
Pasture.
JJ
70
12-647
Pasture.
JJ
71
2-824
Wood.
JJ
72
1-351
Wood.
JJ
73
6-589
Arable.
JJ
74
7-374
Pasture.
JJ
75
13 034
Pasture.
JJ
76
2-010
House, yards, &c. (Broom Hall).
XXVI. 4.
77
3-355
Pasture.
It
78
9-580
Arabic.
»j
79
5-649
Pasture.
i>
79a
•014
House.
>>
80
6-462
Pasture.
)i
81
9-551
Arable.
Carried forward.
379-007
TOWNSHIP OF BROOM.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
379007
Brought forward.
XXVI. 4.
82
10-134
Arable.
) )
83
7-937
Pa.sture.
5 J
84
9-298
Arable.
J }
85
5-516
Arable.
))
86
7-493
Ai-able.
87
9-504
Arable.
88
10-452
Arable.
89
7-729
Pasture.
80a
•637
Wood.
J)
90
•193
Garden & pasture.
55
91
•204
Moorsley Banks, houses, yards,
&c.
92
•140
Pasture.
J J
93
•702
Wood & quarry.
J J
94
2-468
Pasture.
3 J
95
•106
Arable.
) 3
96
•666
Orchard.
J }
97
11-427
Arable.
JJ
97a
1-034
Quarry <fe refuse.
3>
97b
•271
Garden.
98
•348
House <fe garden.
j>
99
1-344
Moorsley Banks Paper MiU, &c
5 J
100
2-198
Pasture & pond.
101
1-190
Orchard.
5 J
101a
•162
Garden.
3 J
102
10-849
Arable & wood.
3 3
103
4-303
Arable, &c.
XXVI. 3.
104
3-212
Pasture.
105
8-929
Pasture.
3 J
106
•152
House, yard, & garden.
107
1-119
Pasture.
108
5-829
Pasture.
109
7-803
Pasture, &c.
110
9-820
Pasture.
111
7-702
Arable.
112
2-304
Arable.
113
•372
Bracken Hill, house, yards, &c.
3 3
114
1-723
Pasture.
3 3
115
6^164
Pasture.
3 3
116
4-010
Arable.
XXVI. 4.
117
3-600
Pasture.
) )
118
8-830
Pasture.
118a
•085
Pond.
) 9
119
2-387
Arable.
120
8-642
Pasture.
121
8-421
Pasture.
122
5-703
Arable.
123
4-717
Arable.
124
4-356
Arable.
125
7-254
Arable.
»)
126
3-711
Pasture.
Carried forward.
602 157
10
TOWNSHIP OF BROOM.
No.
Area
Xo. of Sheet.
on
in
Description.
Plan.
Acres.
602-157
Brought forward.
XXVI. 4.
126a
•036
Wood.
);
127
14 051
Pasture.
J)
128
4-261
Arable.
JJ
129
8-416
Pasture, house, & pond.
jj
130
3 035
Pasture.
))
131
-207
House & yards.
J)
131a
1-381
Road.
)J
132
•563
House, garden, <fc pasture.
?J
133
7-888
Arable.
)9
134
-571
Pasture.
99
135
9-701
Arable.
yy
136
8-582
Arable.
99
137
8-239
Arable.
9}
138
4-882
Arable.
jy
139
11-860
Pasture.
9»
140
•374
Lane.
>>
141
•878
Pasture, &c.
JJ
142
-417
House & yard. (Baxter Wood).
))
143
-460
Gardens.
144
•087
Orchard.
XXVI. 3.
145
2-479
Arable.
)j
146
9-467
Pasture.
T)
146a
•165
Pasture.
>>
147
1-174
Wood.
)>
147a
•343
Wood.
99
148
•787
Wood.
»
148a
1-908
Wood.
>»
149
2-345
Pasture & rough pasture.
>)
149a
1-888
Pasture ifc rough pasture.
»
150
3-291
Pasture.
>>
150a
6-751
Pasture.
»J
151
2-175
Wood.
Ji
152
-316
Pasture.
)>
152a
•127
Lane.
)>
153
4-392
Wood (fe furze.
))
154
8-784
Arable, &c.
»)
154a
5 003
Arable, (fcc.
)>
155
5-673
Pasture, &c.
))
155a
1-348
Pasture, <fec.
')
156
2-308
Wood.
156a
•152
Pasture.
)>
157
4-438
Arable.
})
158
3-510
Arable.
>)
158a
•772
Arable.
J>
159
1044
Wood.
JJ
159a
•222
Lane.
)>
160
-857
Wood.
)>
161
1-434
Arable.
>>
161a
■274
Rough i^asture.
))
162
•355
Wood.
761-828
Carried forioard-
TOWNSHIP OF BROOM.
11
No.
Area
No. of Sheet.
on
in
Plan.
Acres.
761-828
XXVI.
3.
163
1-309
»
lG3a
•125
XXVI.
4.
164
4 243
•>
165
10-641)
)l
166
3-528
»
167
3-578
»>
168
10-516
J>
169
5-947
1>
170
2-546
))
171
6-427
)>
172
8-610
>>
173
7-534
J>
174
4-737
)>
175
9-788
))
176
8-442
JJ
177
12 026
»>
178
7-713
)>
179
11-247
))
180
6-494
JJ
181
1-120
J»
182
4-160
XXVI.
3.
182a
2-058
XXVI.
4.
183
3 934
>>
183a
1-558
»>
184
3-3-28
)>
184a
10-760
J)
185
•161
J>
186
2-452
M
186a
1-054
>J
187
1061
J>
188
•277
»>
189
•114
JJ
190
-307
99
190a
•378
99
191
•620
)>
192
•161
9}
193
l-2b7
n
194
•125
9}
195
3-821
»
19oa
-051
196
16-561
XXVI.
8.
197
4-09L
JJ
197a
■027
n
198
10-359
if
198a
•695
XXVI.
4.
199
9-157
XXVI.
8.
200
12 072
9)
201
7-889
jf
202
•085
)J
203
4-434
991-441
Description.
Broiicjht forward.
Arable.
Arable.
Arable.
Aiable.
Arable.
Pasture.
Arable.
Arable.
Arable.
Arable.
AraVjle & house.
Arable.
Pasture.
Arable.
Pasture.
Pasture.
Arable.
Pasture.
Arable.
Wood, itc.
Pasture, furze, <fcc.
Pasture.
Arable.
Arable.
Furze & brushwood.
Pasture.
Houses & yards.
Pasture.
Pasture, (fee.
Pasture.
Stackgarth.
Poud.
House, yard, &• garden.
Lane.
Arable.
Wood.
Orchard.
Plantation.
Arable.
Arable.
Pasture & poud.
Arable.
Pasture.
Pasture.
Pasture.
Arable.
Pasture.
Pasture, -wood, (fee.
Wood.
Cooke's West Wood.
Carried foni:ai-d.
12
TOWNSHIP OF BROOM.
No. of Sheet.
Plan.
XXVI. 8.
XXVI. 3.
XXVI. 4
XXVI. 3.
XXVI. 4.
XXVI. 3.
XXVI. 4.
204
204a
205
206
207
208
208a
209
209a
210
210a
211
211a
212
213
214
215
216
217
218
219
220
^91
7
1
3
1
5
3
1
5
2
•441
■931
•859
•661
•089
•394
•229
•945
•858
•374
•550
•438
•039
•608
•825
•549
•099
•536
•435
•269
•273
•174
■761
Description.
1086-337
Brought forward.
Arable.
Arable.
Pasture.
Wood.
Pasture, &c.
Arable.
Arable.
Arable,
Arable.
Wood.
Wood.
Cooke's East Wood.
North-Eastern Railway.
Wood.
Arable.
Public road.
Public road.
Public road.
Public road (Broom Lane).
Public road (Whitehouse Lane).
River Deerness.
River Browney.
RECAPITULATION.
1041-983 Land.
21-612 : Public roads.
9 134 Water.
13-603
Railway.
1086-337 Total area of the Towrisliip of
Broom.
TOWNSHIP OF FRAMWELLOATE.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
XX. 1.
1
24-155
Arable.
yy
la
•010
Enclosure.
jj
2
•308
Wood.
>»
3
2-354
Long Wood.
)f
3a
•128
Wood.
}}
4
19-816
Pasture.
M
5
10-670
Arable.
XX. 2.
6
-393
Bank (rough pasture).
XX. 1.
7
13 196
Pasture.
)
8
•133
Wood.
9
13-389
Pasture.
10
3-536
Dark Wood.
11
9-4.56
Arable.
12
1-326
Wood.
13
•591
Wood.
14
5-977
Pasture.
15
10^794
Pasture.
XX. 2.
16
10-029
Bostley Wood, old waggon-way,
<fcc.
XX. 1.
17
12-683
Arable.
JJ
18
•534
Wood.
)}
19
1-709
Orchard.
))
20
1020
Orchard.
if
21
1-482
Ornamental ground.
9)
21a
-904
Houses (fc yards.
))
21b
•036
Fish pond.
22
■480
Wood.
»J
23
•341
Waste ground & pool.
J»
23a
•094
House & garden.
J)
24
•116
Wood.
JJ
25
1-385
Pasture.
»>
25a
-007
House.
XX. 5.
26
5-984
Arable.
J)
27
11-789
Arable.
•
JJ
28
8 158
Arable.
29
1-573
Pasture.
JJ
30
11-375
Arable.
JJ
31
12-983
Wood.
JJ
32
-028
House.
JJ
33
•143
Wood.
>»
34
-099
House, yard, & garden.
j Carried foricard.
199-184
14
TOWNSHIP OF FRAMWELLGATE.
No. of Sheet.
XX. 5.
XX. 6.
XX.' 5.
35
36
37
38
39
40
41
42
42a
43
44
45
46
47
47a
48
49
50
51
51a
52
53
54
55
56
67
58
58a
59
60
GOa
61
62
63
64
65
66
67
68
69
70
70a
71
71a
72
73
74
75
76
77
Area
in
Acres.
Description.
199184
11-472
8-496
8-342
8-186
8-003
8-283
14-870
42-602
•396
12-286
13-585
20-181
1056
4-251
•164
5-336
10-979
•111
9-958
•007
9-454
12-221
7-237
•265
8-857
8-440
5-640
•181
•844
7-489
•263
8-478
8-594
8-480
14-370
15-041
11-993
8-314
•688
•576
•606
•015
10-588
•857
7-214
7-067
9-028
6 217
2-909
•152
569-826
Brovght forward.
Rough pasture, (Sic.
Arable.
Arable.
Meado-w.
Pasture.
Arable.
Arable.
Pasture.
Gardens.
South Wood.
Arable.
Arable.
Wood.
Arable, &c.
Pasture.
Aiable.
Arable.
Pond.
Pasture.
House. (Spy HUl).
Pasture.
Arable.
Pasture & -wood.
Wood.
Arable.
Arable.
Arable.
House, yard, &c. (Ford Cottage).
Pasture.
A rable.
Waste.
Pasture.
Arable.
Arable.
Arable.
Arable,
Arable.
Arable.
House, &c. (Yiewly Grange).
Pasture.
Arable.
House.
Arable.
Lane.
Ai'able.
Pasture.
Pasture.
Pasture.
Arable.
Pasture.
Carried forward.
TOWNSHIP OF FRAMWELLGATE.
15
No.
Area
No. of Sheet.
on
in
Doscription.
Plan.
Acres.
509-826
Brought forward.
XX. 5.
78
-303
Uuderwood, furze, & marsh.
79
13 667
Arable.
80
13-510
Arable.
81
-012
House, yards, & garden.
82
•068
Nags Fold, house, yard, & garden.
83
3-838
Pasture.
84
5-511
Arable.
85
9-793
Arable.
86
6-739
Arable.
87
•637
Bishop's Grange, house, yards, &c.
88
5-467
Pasture.
89
9-410
Arable.
90
10-249
Arable.
91
5-651
Pasture.
92
1-101
Pasture.
93
7-826
Arable.
94
•428
Pasture.
95
6-634
Pasture.
96
•647
Pasture.
97
7-596
Arable.
98
•323
Wood.
99
1-305
Arable.
99a
•079
Lane.
100
•553
Pasture.
101
1^853
Arable.
102
•529
Stock! ey Heugh, houses, S;c.
1U3
3-208
Arable.
104
4-553
Pasture.
105
•509
Wood.
106
•4G9
Wood.
107
2-601
Pasture.
XX. 9.
108
9-884
Wood.
XX. 5.
109
14-125
Arabic.
XX. 9.
110
24-592
Pasture.
111
•146
Pond, &c.
112
12-283
Arable.
113
19-561
Pasture.
114
3-405
Pasture.
1115
6-473
Pasture.
116
1-829
Pasture.
117
-299
Sliepherdson's Close, house, &c.
118
3-214
Pasture.
5}
119
3-559
Pasture.
120
2-851
Pasture.
121
1-568
Arable.
122
2-033
Arable.
f)
123
3-275
Pasture.
Jf
124
•344
Pasture.
125
9 -208
Pasture.
1)
126
2-033
Pasture.
1
821-177
' Curried forward.
16
TOWNSHIP OF FRAMWELLGATE.
No.
Area
No. of Sheet.
on
in
Doscription.
Plan.
Acres.
821-177
Brought forward.
XX. 9.
127
1129
Pasture.
y)
128
6-619
Hedhouse Wood.
129
11-164
Wood.
yy
130
3-685
Rough pasture.
J9
131
•049
Arable.
))
132
1-337
Arable.
jj
132a
•378
Lane.
9)
133
•081
Garden.
9)
134
7-199
Pasture.
yj
135
•266
Arable.
jy
136
•134
Red Briar, house, yard, &c.
yy
137
•471
Wood.
yy
138
•167
Stackgarths.
139
•041
Arable.
140
•136
Garden.
))
141
•190
Arable.
})
142
4-684
Arable.
}}
143
8-197
Arable.
J>
144
•465
Rough pasture & pool.
yy
145
10-196
Arable.
9)
146
7-741
Pasture.
yy
147
5-219
Pasture.
)f
148
•627
Pasture.
yy
149
•560
Pond.
9i
150
1316
House, yards, &c. (Hag House).
99
150a
•545
Lane.
yy
151
•781
Stackyard.
9)
152
•336
Pond.
99
153
6^488
Arable.
>5
154
1^585
Rough pasture, &c.
>9
165
8-235
Arable.
99
156
8-717
Arable.
99
157
•267
Pond.
yy
158
•645
House, yards, &c. (Red House).
99
159
5-441
Pasture & pond.
99
159a
4 047
Pasture.
99
160
7-237
Arable.
99
161
12-569
Arable.
99
162
10-309
Arable.
»
163
1-029
Rough pasture.
J>
164
12-997
Arable.
XX. 10.
165
2-ni
Pasture.
99
166
7-212
Pasture.
99
167
5 120
Pasture.
99
168
9 198
Pasture.
99
169
15-956
Arable.
J>
170
10-250
Arable.
171
9-556
Arable.
99
172
16-038
Ai'able.
XX. 9.
173
2-632
Pasture.
i Carried forward.
1052-529
TOWNSHIP OF FRAMWELLGATE.
17
No.
Area
1
Xo. of Sheet.
on
in
1 Description.
Plan.
Acres.
!
1052-529
1 Brought forward.
XX. 9.
174
•920
1 Pasture,
)>
175
•232
Pasture.
>«
176
•906
Arable.
! 177
•852
Pasture.
»
178
1074
Pasture.
»
179
1-955
Pasture.
»
180
3 772
Pasture.
»
181
4-589
Pasture.
>)
182
-055
Enclosure.
)>
183
2-050
Pasture.
>»
184
•029
House, yard, (fee.
)>
185
•025
House (feyard. (P.H.)
»
186
•061
House (t yard.
)»
187
•244
Houses (fe yards.
>>
188
•224
Houses, yards, <fe gardens. (P.
H.)
j»
189
•891
Pasture.
)>
190
2-864
Pasture.
;j
191
•203
Wood.
>>
192
•539
Woodbine, house & gardens.
>»
193
3512
Arable.
))
194
3-304
Arable.
195
9-093
Arable.
>>
196
15-031
Pasture.
))
lVi6a
•777
Lane.
197
13-949
Arable.
>)
198
■122
Pond.
199
12-812
Arable.
j»
200
4-727
Pasture.
«>
201
6126
Pasture.
M
202
5-601
Aiable.
>>
203
2^495
Pasture.
•»
204
•612
Pasture.
205
13-540
Arable.
XX. 10.
206
7-204
Pasture.
5»
206a
5 -555
Arable.
>»
2i>7
•549
House, yard, & garden.
>1
208
5-693
Arable.
t)
209
5 158
Arable.
!)
210
7-579
Arable.
))
211
16-101
Pasture.
<>
212
5-730
Arable.
»
213
5 995
A rable.
214
7-431
Pasture.
»9
215
•004
Shed.
»
216
•100
Pond.
I>
217
•010
Kiln.
M
218
•801
Brickfield.
>>
219
3-238
A rable.
»
220
•841 1
Arable.
1
221
7 013
Pasture.
Carried foncard.
1244-717
18
TOWNSHIP OF FRAMWELLGATE.
No.
Ai-ea
No. of Sheet.
on
in
Description.
Plan.
Acres.
1244-717
Broufiht forward.
XX. 10.
222
•G94
East Moor Leazes, house, (fee.
M
223
•515
Pasture.
ff
224
1116
Arable.
ff
225
•006
House.
"
226
•002
House.
227
2-704
Pasture.
t
XX. 9.
228
3016
Wood.
ff
229
6-502
Pasture.
}}
230
5-093
Pasture.
n
231
4-785
Pasture.
J9
232
•635
Arable.
9i
233
•248
Houses & yards.
234
•852
Arable.
235
7-023
Arable.
j9
236
•367
House, yard, & arable.
99
237
•744
Gardens.
fi
238
8-499
Arable.
ji
239
1-355
Pasture.
>>
240
7-092
Arable.
99
241
9-223
Arable.
9)
242
6 040
Arable.
99
243
5 610
Arable.
99
244
4-493
Arable.
99
245
1-219
Pasture.
99
246
14 036
Pasture.
99
247
•004
Shed.
99
248
3-777
Pasture.
99
249
•147
Garden.
99
250
•325
Newton Grange, bouses, yards,
<fec.
99
251
3-403
Arable.
)9
252
5-794
Pasture.
99
253
7-694
Arable.
99
2.54
4-584
Pasture.
255
1-195
Wood.
XIX. 12.
256
3-055
Pasture.
,,
257
-987
The Folly, house, yards, &c.
XX. 9.
258
4-412
Pasture.
XIX. 12.
259
4-870
Arable.
XX. 9.
260
4-320
Pasture.
99
261
8-857
Arable, (fee.
262
4-241
Pasture.
263
4-362
Pasture.
261
5-169
Pasture.
265
-426
Arable.
266
•187
Garden.
267
1-154
Pvough pasture.
268
•180
Garden.
269
1 -367
Rouyh pasture.
270
3-919
Rough pasture.
271
11-609
Rough pasture.
Carried forward.
1422-651
TOWNSHIP OF FRAMWELLGATE.
19
No.
Area
No. of Sheet.
on
in Description.
Plan.
Acres.
1422-654 1 Brought forward.
XX. 9.
272
•056 House.
273
•046
House.
274
•145
House.
275
1177
Arable.
276
1^308
Pasture.
277
•766
Peewit Mires, house, yards, &c.
278
1308
Pasture <fc pond.
279
10 053
Arable.
280
•005
House.
281
7-220
Arable.
282
•231
Pasture.
283
4^201
Pasture.
284
7-554
Arable.
285
3-828
Pasture.
286
3-452
Arable.
287
2-064
Pasture.
288
8-250
Arable.
289
8-433
Arable.
290
7-426
Pasture,
291
7-742
Pasture.
292
•098
House & garden.
293
1-132
Pasture.
294
1-123
Low Newton, house, yards, <fcc.
XX. 10.
295
4-414
Arable.
296
12-489
Pasture.
297
1051
Pasture.
298
14-668
Arable.
299
13-537
Pasture.
300
9-893
Pasture.
301
3-964
Arable.
302
1-430
Arable.
303
9-870
Pasture.
304
8-280
Pasture & furze.
305
1-098
Rough pasture.
306
•085
Garden.
307
•007
House.
308
■045
Garden.
309
2-371
Rough pasture, quarry, <fec.
310
•080
Garden.
311
•092
Houses (fe garden.
312
6-510
Rough pasture, &c.
313
•041
House & shaft.
314
•055
House. (Brasside Pit).
315
■715
House, yard, and garden.
316
12-734
Arable cfe furze.
317
1-493
Wood.
XIX. 12.
318
4-273
Arable, &c.
318a
1-797
Arable.
318b
•035
Shed.
319
4-462
Arable.
Carried forward.
1615-761
20
TOWNSHIP OF FEAMWELLGATE.
No. of Sheet.
XX. 9.
XIX. 12.
XX. 9.
XX. 10.
No.
Area
1615-761
320
3-171
320a
1-819
321
6-386
321a
4-292
322
3-014
323
2-394
324
2-660
325
1-917
326
4-005
326a
2-201
327
8-951
328
•945
328a
•087
329
•149
329a
•208
330
•012
331
•108
331a
•311
332
•024
333
•170
334
•077
335
•058
336
•180
337
•164
338
•104
339
•042
340
•901
341
•047
342
•150
343
•041
344
10 150
345
•020
346
4^362
347
3 924
348
9-040
349
7-442
350
7-943
351
1-457
352
•Oil
353
11030
354
3-648
354a
•191
355
18-303
356
7-168
357
16-359
358
8-607
359
9-140
360
8-709
361
15-179
362
11-423
Description.
Brought forward.
Pasture.
Pasture.
Arable.
Pasture.
Arable.
Pasture.
Pasture.
Pasture.
Pasture.
Pasture.
Pasture.
Rough pasture.
Pasture.
Gardeu.
Gardens.
House.
House.
House (fc gardens.
House.
Framwellgate Moor Colliery.
House.
House.
Coke ovens.
Coke ovens.
Pond.
Ornamental ground.
Houses jfe gardens.
Houses.
Houses.
Houses.
Waste ground.
Houses <fe yards.
Arable.
Pasture.
Arable.
Arable.
Pasture.
Pond.
Shed.
Pasture.
Pasture, <fec.
Occupation Lane,
Pasture.
Pasture.
Arable.
Arable.
Pasture.
Arable.
Arable.
1 Arable.
1815-055 Carried forward-
TOWNSHIP OF FKAMWELLGATE.
21
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
1815 055
BroucjM forward.
XX. 10.
363
•078
Herds House, house & garden.
»
364
11-483
Arable,
»
365
1-851
Arable.
)>
366
1-297
Uuioii Hall, houses, yards, &c.
)>
367
•371
Pastui-e.
»
368
6-935
Pastui-e.
»
369
6-700
Pasture.
»
370
6-693
Pasture, pond, <fe enclosure.
,,
371
10-514
Arable.
>>
372
0-473
Rough pasture.
»l
373
6-593
Pasture, (fcc.
J)
374
6-852
Pasture.
)>
375
7-238
Pastiire.
XIX. 12.
376
6-364
Arable.
XIX. 16.
377
9-733
Arable.
XX. 9.
378
8-334
Arable.
>)
379
5-017
Arable.
»
379a
-404
Lane.
»
380
5-787
Arable.
j>
381
8-365
Arable.
)>
382
-595
Garden, &c.
>»
382a
1-450
Arable.
XX. 13.
383
14-719
Arable.
XX. 9.
383a
•394
Lane.
n
384
12-540
Rough pasture.
XX. 13.
385
•854
Rough pasture.
XX. 9.
386
•269
Pasture.
»j
387
•627
Ai-able.
XX. 13.
388
•279
Arable.
XX. 9.
389
1-605
Pasture.
»
390
6-887
Pasture.
390a
7-731
Arable.
XX. 13.
391
9-875
Pasture.
«
392
•205
Plantation.
XX. 9.
393
•938
Carr House, houses, yards, &c.
XX. 13.
394
•639
Pasture.
,,
395
6-632
Arable.
XX. 9.
396
7-988
Pasture.
>>
397
4-014
Pasture, &c.
»
398
7-074
Pasture, «fec.
»>
398a
•132
Wood.
XX. 13.
399
•669
Arable.
„
400
4-193
Pasture.
XX. 9.
401
•584
Wood.
»
401a
•847
Garden.
XX. 13.
402
5-470
Newton Hall, houses, gardens.
<fea
XX. 9.
403
•957
Pasture.
»
404
•317
Houses & yards.
»>
405
•123
Wood.
»
406
2-465
Pasture.
Carried forward.
2033-209
22
TOWNSHIP OF FRAMWELLGATE.
No.
Avea
No. of Sheet.
on
in
Description.
Plan.
Acres.
2033-209
Brought forward.
XX. 13.
407
•109
House, yard, &c.
XX. 9.
408
7-668
Pasture.
409
10 050
Pasture.
410
14-663
Pasture.
XX'. 10.
411
9-522
Arable.
412
•182
Pond.
413
•093
House.
414
4-630
Brick-field, (fee.
415
14-760
Arable.
416
-855
Arable.
417
1-289
Gardens.
418
-206
Gardens.
419
1-945
Arable.
420
-344
Wood.
421
3-198
Houses <fc gardens.
422
1-550
Pasture.
9)
423
5-592
Pasture.
424
8-427
Pasture.
425
13-631
Pasture & pool.
)9
426
•843
Houses, gardens, «fe waste.
}}
427
1-244
Wood, &c.
jf
428
•356
Pasture.
429
14^686
Pasture.
XX 14.
429a
1-454
Lane.
XX. 10.
430
•400
Gardens, <fec.
yy
431
•582
Pasture.
99
432
•157
Colliery House.
jl
433
3-569
Refuse.
))
434
•295
Garden.
if
435
•272
Wood.
f}
436
2-123
Pasture.
f }
437
•246
Garden,
9)
438
•299
Garden.
jy
439
3-625
Pasture.
"
440
4-386
Pasture.
441
32 165
Frankland Wood.
XX. 13.
442
5-995
Pasture.
443
5-880
Pasture.
9)
444
•501
Houses & yard.
)9
445
•436
House, yard, & garden.
jf
445a
•451
Wood.
jy
446
4-320
Pasture.
it
447
7-094
Pasture.
ff
448
8-085
Pasture & furze.
ff
449
8-547
Arable.
yy
450
9-263
Arable.
})
451
6-078
Arable.
)y
452
10 099
Arable.
)J
453
5-607
Arable.
J>
454
11-125
Arable.
2282-100
Carried forward.
TOWNSHIP OF FRAM^VELLGATE.
23
No.
Area |
No. of Sheet.
on
in
Description.
Plan.
Acres.
2282-106
Brouglit forward.
XX. 13.
455
6-976
Arable.
}9
456
8-309
Arable.
Jt
457
6-383
Arable.
M
458
6-004
Arable.
}f
459
5-512
Arable.
f}
460
6-323
Pasture.
91
461
3-121
Pasture.
XX. 14.
462
9-943
Pasture.
fl
463
7-474
Pasture.
464
24-467
Arable.
XIX. 16.
465
•479
Quarry (Sandstone).
))
466
7-046
Arable.
XX. 13.
467
13-976
Arable.
»
468
2-085
Pasture.
>»
469
4-852
Houses, &c. (Fram-wellgate Moor).
yy
470
•029
House.
H
471
•058
The Queen's Head Inn & yard.
f)
472
1-455
Gardens, <fec.
l>
473
•027
The Jolly Butcher P. H., yard, &c.
})
474
•302
The Victoria Bridge Inn, &c.
tt
475
1-454
House, garden, (fee.
jy
476
•390
Pasture.
»
477
•117
Houses, yards, <fec.
)9
478
•121
The Thunder-storm P. H., &c.
fy
479
•284
Pasture.
ff
480
•256
Gardens.
yy
481
1-342
Pasture.
99
482
•172
Houses, yards, &c.
99
483
•389
Gardens.
99
484
1-290
Gardens.
19
485
•934
The Granby Inn, yard, & garden.
91
486
4-804
Pasture.
99
487
6-509
Pasture.
99
488
9-122
Arable.
99
489
11-240
Arable.
99
490
3-861
Pasture.
99
491
16-113
Arable.
99
492
•279
House & garden.
99
493
9-864
Pasture.
99
494
•700
Durham Moor Houses, yards, &c.
99
495
•437
Pasture.
99
496
•238
Pasture.
99
497
•414
The Black Boy P. H., houses, &c.
99
498
9-805
Pasture.
99
499
•109
House <fc wood.
99
500
2-209
Pasture «fc pool.
99
501
2-4G6
Wood.
99
502
•299
Arable.
99
503
•527
High Carr House, yards, «fec.
99
504
•567
Pasture.
Carried foi-ward.
2483-299
24
TOWNSHIP OF FRAMWELLGATE.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
2483-299
Brought forwa/rd.
XX. 13.
505
•820
Pasture.
jj
506
•248
Gardens.
)j
507
3-441
Pasture.
)9
508
1-275
Pasture.
509
1-693
Pasture.
99
510
4-171
Arable & furze.
}j
511
9-086
Arable.
512
-546
Wood.
)}
513
8-786
Arable.
fy
514
8-099
Pasture.
J)
515
8-811
Arable.
})
516
12-527
Arable.
}}
517
14-159
Arable.
99
518
7-316
Arable.
yj
519
14-648
Arable.
yy
520
1-694
Pasture.
521
5-135
Wood (The Scrogs).
XX. 14
522
5-910
Arable.
})
523
20-005
Pasture.
}y
524
19-410
Pasture.
jy
525
20-643
Pasture.
}}
526
37-601
Frankland Wood.
))
527
•036
House.
tf
527a
•012
Island in the River.
XIX. 16.
528
1-354
Pasture.
f}
528a
•079
Lane.
529
•232
Pasture.
1)
530
4-591
Arable.
99
531
2-677
Arable.
99
532
2-915
Arable.
99
533
3-962
Arable.
99
534
1-411
Pasture.
)9
535
3-267
Arable.
99
536
2-782
Pasture.
99
536a
-016
House (White Smocks T. P.)
XX. 13.
537
•471
Wood.
99
538
5^429
Arable.
99
539
•578
Wood.
XIX. 16.
540
5-617
Arable.
541
2-629
Arable.
9)
542
-409
Aden Cottage, yard, & garden.
99
543
2-723
Pasture.
99
544
3-742
Arable.
99
545
3-684
Arable.
99
546
1-445
Arable.
99
547
1-599
Pasture.
99
548
1-349
Arable.
XX. 13.
549
2-909
Ai-able.
if
550
•072
Enclosure.
n
551
1^632
Arable.
Carried forward.
2746^945
TOAVNSHIP OF FRAJVIWELLGATE.
25
Xo.
Area
No. of Sheet.
on
ia
Description.
Plan.
Acres. | " j
2746-945
Brought forward.
XX. 13.
552
•893
Wood,
jj
553
•160
Pasture.
M
554
•903
Wood.
ff
554a
•490
Pond.
J)
555
•368
House,
»
556
4^477
Pasture.
jy
557
2-808
Wood.
»j
558
•204
Wood.
j>
559
•102
Garden.
9)
5(30
•073
Pond.
>>
561
1^926
Pasture.
»>
562
1-386
Dryburn, house, yard, & gardens.
,j
563
1^893
Wood.
>»
564
•865
Wood.
>>
565
•229
Pasture.
»
566
•507
House, yards, and garden.
M
567
1^816
Arable.
»
568
•335
Pond.
»
569
3-495
Wood.
))
570
•108
Wood.
»>
571
3 552
Pasture.
»»
572
6-357
Pasture.
1>
573
6 745
Arable.
J>
574
7-840
Arable.
575
10-683
Pasture.
)>
576
7-435 ■ Pasture,
»
577
14-192 Hopper's Wood.
>»
578
12-553 '■ Ai-able.
»
579
10-394 ' Arable.
»>
580
8-171 Pasture.
))
581
7-610 Pasture.
»
582
11-776
Arable.
»>
583
10-260
Arable.
>J
584
7-284
Pasture & wood.
J>
585
4-845 Pasture.
»
586
6-611 Pasture.
»
587
4-072 Public road.
»
587a
•584
Houses, yards, &c.
»
588
3-581
Pasture.
>>
589
1-045
Pasture.
»
590
4-709
Pasture.
»
591
1-984
Wood, pasture, stream, road, &c.
J»
592
•604
FranMand Park, hoiise, yard, &c.
»
593
•276
Pasture & trees.
XX. 14
594
•234
Garden, &c.
XX. 13.
595
4-877
Pasture,
XX. 14,
595a
2-696
Pasture, &c.
M
596
•391
Wood,
>>
597
5-779
Rough pasture, wood, &c.
»
597a
•418
Lane.
Carried forward.
2937-541
^
26
TOWNSHIP OF FEAMWELLGATE.
No.
Area
No. of Sheet.
on
Plan.
in
Acre?.
Description.
2937-541
Brought forward.
XX. 14.
598
5-693
Arable,
))
599
2 121
Wood.
jf
600
4-019
Arable.
yy
601
•490
Wood.
jf
602
9-325
Arable.
9;
603
19-652
Arable.
XIX. 16.
604
3-341
Pasture.
}9
604a
•228
Lane.
fS
605
2-964
Pasture.
ff
606
1-798
Arable.
ff
607
1-662
Pasture.
}y
608
•818
House & garden.
608a
1-137
Western Cottage, garden, &c.
XX. 13.
609
20-37
Western Lodge, yards, & garden. j
}}
610
•181
Wood.
jf
611
4^432
Pasture.
99
612
•062
Stackyard.
99
613
11-470
Pasture.
1)
614
7-737
Pasture, &c.
99
615
•101
Wood.
99
616
5-241
Arable.
99
617
•145
Wood.
99
618
•280
Wood.
1)
619
1-403
Wood.
1)
620
8-412
Pasture.
621
2-369
Wood.
99
622
1-102
Aykley Heads, house, gardens.
&c.
)}
622a
•943
Lane.
ly
623
5-503
Pasture.
99
624
•820
House, gardens, &c.
yy
625
3-999
Arable.
99
626
3-441
Pasture.
99
627
10-242
Pasture.
99
628
10-899
Arable.
99
629
8-875
Arable.
99
630
15-649
Pasture.
ft
631
•706
Pasture.
jy
632
•257
Pasture.
99
633
•430
Wood.
99
634
•015
House.
9y
635
•611
Wood.
If
636
16-982
Pasture.
yy
637
12-286
Pasture.
9f
638
16-682
Pasture.
yy
639
14-903
Pasture, &c.
XX. 14.
640
•789
Wood.
XIX. 16.
641
1-386
Arable.
)}
642
3-594
Arable.
})
643
5-371
Arable.
»
644
1-803
Pasture.
Carried forward.
3171-977
TOWNSHIP OF FRAMWELLGATE.
27
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
3171-977
Brought forward.
XX. 13.
645
4-471
Pastvire.
>>
G4oa
•007
House (White Smocks T. P.)
)>
G4G
•478
Hpring Well, house, yards, d'c.
})
G47
•238
Wood.
>>
648
4-512
Pasture.
XXVII. 1.
649
3-528
Pasture.
XX. 13.
649a
-040
House & garden.
M
650
3 136
Pasture,
}}
651
•986
Arable.
n
652
4 644
Arable.
jy
653
2-662
Pasture.
}>
654
•200
House, yard, & garden.
}>
654a
•015
House.
M
655
4-305
Pastiire.
V
655a
2-230
Pasture.
J)
656
7-913
Pasture.
j>
657
5-665
Pasture.
)j
658
9-797
Arable.
5)
659
13-441
Pasture.
)>
660
2-369
Pasture.
))
661
9-167
Wood.
>»
662
6-294
Arable.
>>
663
11-844
Pasture.
)>
664
10-339
Pasture.
665
5-105
Pasture.
XXVII. 1.
666
3-518
Pasture.
XX. 13.
667
3-665
Pasture.
»
668
•039
House & garden.
XXVII. 1.
669
•143
Wood.
JJ
670
2-192
Pasture.
99
670a
•120
Gowknest Lane.
XX. 13.
671
3-689
Pasture.
XXVII. 1.
672
1-907
Pasture.
J)
673
8-156
Pasture.
XX. 13.
674
9-789
Arable.
n
675
3^105
Pasture.
XXVII. 1.
676
1-737
Pasture.
XX. 13.
677
1^620
Pasture & road.
j>
678
•418
Arable.
>>
679
8-019
Pasture.
XXVII. 1.
680
9-6!)4
Pasture.
XX. 13.
681
9-361
Pasture.
XXVII. 1.
682
11-601
Arable.
))
683
3-817
Pasture.
t>
684
1-408
Wood.
j»
685
4-645
Arable.
)9
686
4-372
Arable.
)>
687
•59()
House (fc garden.
J>
688
1-437
Garden.
»
689
1-699
Garden.
Carried forward.
3382^110
d
28
TOWNSHIP OF FRAMWELLGATE.
No.
No. of Sheet.
on
Plan.
XXVII. 1.
690
691
692
iy
693
694
695
696
ti
697
697a
J9
698
»
699
)»
700
J»
701
702
>»
703
))
704
JJ
705
JJ
706
707
)»
708
)J
708a
9}
709
yt
710
JJ
711
J>
712
JJ
713
JJ
714
JJ
715
JJ
716
JJ
717
JJ
717a
JJ
718
JJ
719
JJ
720
JJ
721
JJ
722
JJ
723
JJ
724
JJ
725
JJ
725a
JJ
725b
JJ
726
JJ
727
JJ
728
JJ
729
JJ
730
JJ
731
JJ
732
JJ
733
>»
734
Description.
3382 110
Brought forward.
•894
House & garden.
•134
Garden, &c.
3^167
Chapel Close, houses, yards, &c.
3-223
Pasture.
6-083
Arable.
1-595
Arable.
1-647
House & brick yard.
•318
Arable.
•170
Lane.
•569
House & garden.
2-996
Arable.
•259
Wood.
1-563
Garden & quarry.
-010
House (Smithy).
-323
House, yard, & garden.
-010
House.
•044
Houses.
•846
Waste.
•065
Houses & yard.
1194
Pasture.
•121
Stackyard.
•923
Pasture.
•206
Houses & yards.
•154
Gardens.
•172
Gardens & hot-houses.
•125
Lane.
•160
Gardens.
•423
Garden.
2-873
Pasture.
•317
Houses & garden.
1^953
Public road.
•139
Garden.
7-421
Pasture.
•177
House & garden.
2-307
Pasture, wood, (fee.
•118
Houses, &c.
•489
Wood.
2^984
Pasture.
•694
Gardens.
2-523
Pasture.
•094
Bath Cottage <fc garden.
3-633
Gardens.
5^335
Pasture.
•293
Field House, houses, yards, &c
2^099
Houses, yards, & gardens.
•719
Houses (fe gardens.
1-556
Houses, gardens, &c.
1^908
Houses & gardens.
2^823
Pasture.
•998
Pasture.
3451 '047 Carried forward.
TOWNSHIP OF FRAMWELLGATE.
29
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
3451047
Brourjht fonvard.
XXVII. 1.
735
2-653
Arable.
M
736
•848
Pasture.
J)
737
•222
Rough pasture.
J>
738
2-781
Orchard.
»
738a
•029
Pasture.
91
739
•792
Furze, &c.
M
739a
•325
The Rose P. H. , garden, &c.
>J
740
•089
House, &c.
741
3^642
County Hospital, gardens, &c.
>»
741a
•148
House & garden.
)>
742
•189
Garden.
JJ
743
•104
( 6-836
The Horse P. H., houses, (fee.
Railways in town.
M
744
32-761
( 2-693
Town of Durham.
Roads in town.
XX. 5.
745
10-805
Public road.
XX. 0.
745a
•081
Garden.
XX. 5.
746
2^815
Public road.
>J
747
2-608
Public road.
XX. 13.
748
16-811
Public road.
XX. 9.
749
1-884
Public road.
99
750
1025
Public road.
JJ
751
16 479
Road.
}J
752
2-809
Road.
M
752a
1-695
Road.
XX. 10.
753
3-811
Road.
XIX. 16.
754
5^198
Road.
XX. 13.
755
2-863
Road.
>>
755a
•965
Public road.
XXVII. 1.
756
3-158
Public road & street.
JJ
757
1-897
Public road.
99
758
1-244
Public road.
XX. 13.
759
31^540
Railway.
XX. 10.
760
1^619 1
Waggon-way.
»
761
4-217
Lambton Railway.
)>
762
•535
Waggon-way.
XX. 9.
763
11-936
Framwellgate waggon-way.
XX. 14.
764
51^204
River Wear.
TULATION.
3682-358
RECAPI
3485-367
Land.
84^785
Public roads.
55 523
Water.
56 683
Railways.
Total area of the Township
of
3682-358
Framwellgate.
1
TOA\^"SHIP OF CROSSGATE.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XIX. 16.
1
1-336
Pasture.
i9
2
1-712
Arable.
XXVI. 4.
3
3-797
Arable.
4
4 056
Arable.
XXVII. 1.
6
•155
Pasture.
XXVI. 4.
7
5-195
Arable.
XXVII. 1.
8
5-706
Pasture.
9
1-982
Pasture.
}}
10
1-726
Wood.
11
•070
Plantation.
12
5-220
Arable.
13
•100
Plantation.
14
1-890
Arable.
15
2-350
Pasture.
16
•295
Wood.
17
•025
House.
18
•012
House.
}f
19
•246
Enclosure & garden.
XXVI. 4.
20
3253
Arable.
99
20a
•042
Lane.
XXVII. 1.
21
4^635
Pasture.
yy
22
4-487
Arable & furze.
23
-403
Lane.
24
3-111
Pasture.
99
25
•165
House, &c.
91
26
•058
Garden.
XXVI. 4.
27
2-343
Arable.
XXVII. 1.
28
1-948
Arable.
XXVI. 4.
29
•047
Wood.
XXVII. 1.
30
2-008
Pasture.
9»
31
•891
Arable.
XXVI. 4.
32
4-716
Pasture.
99
33
4-300
Pasture.
99
34
-302
House & garden.
XXVII. 1.
35
3-689
Arable.
XXVI. 4.
35a
•0J4
House.
XXVII. 1.
36
7-154
Pasture.
J)
37
•306
Wood.
)y
38
4-715
Pasture.
»
39
1-335
Wood.
Carried forvmrd.
85-795
TOWNSHIP OF CKOSSGATE.
31
No. of Sheet.
XXVII. 1.
XXVI. 4.
XXVII. 1.
XXVI. 4.
XXVII. 1.
XXVI. 4.
XXVII. 1.
XXVI. 4.
No.
Area
on.
in
Plan.
Acres.
85-795
40
5192
41
3-658
42
•107
43
•408
44
2-024
45
5-662
46
4-257
47
-090
48
1-635
49
•030
51
2-209
52
2-989
53
2^399
53a
•008
54
2-840
55
2-944
56
4-031
57
2-944
58
1-198
59
1-082
60
•167
61
•061
62
•151
63
1150
64
3 •269
65
3-662
66
3 060
67
6-134
68
1-399
69
1-3-23
70
1-091
71
3-479
72
5-118
73
1-401
74
3-807
75
•856
75a
•069
76
•905
76a
•526
77
1^916
78
•460
79
•792
80
•940
81
2-526
82
•219
83
2-591
83a
2 103
84
•183
85
•923
86
•119
181-902
Description.
BrougJit forward.
Pasture.
Gardens, <fec.
Garden.
The Pot & Glass P. H., yards, (fee.
Pasture.
Pasture.
Pasture.
House, yard, <fe garden.
House "(The Three Tons P. H.)
Pasture.
Arable.
Arable.
Arable.
Pasture.
Pasture.
Pasture.
Pasture.
Pasture.
Pasture, <fec.
Enclosure.
Arable.
Waste ground.
Wood, &c.
Arable.
Pasture.
Arable.
Arable.
Arable, (fee.
Pasture.
Pasture.
Pasture.
Pasture (fe shed.
Pasture.
Pasture.
Pasture.
Lane.
Pasture <fe house.
Wood, (fee.
Pasture.
House, yard, <fe garden.
Brick-field.
Lane ife waste.
Pasture.
Colpitts Hotel, houses, «fc yard.
Arable (fe old quarry.
Pasture.
Garden.
Pasture.
Quarry House, houses, (fe yard.
Carried forward.
32
TOWNSHIP OF CROSSGATE.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
181-902
Brouqlit forward.
XXVII. 4.
87
•207 Hoiise & garden.
}}
88
1-126 Arable.
t9
89
1-157 Pasture.
M
89a
-056 1 Garden.
9)
90
-068
Garden.
J>
91
•102
Wood. _
99
92
•427
Plantation.
ii
93
-667
Pasture.
99
94
•165
Pasture.
99
95
1-444
Pasture.
)J
96
1^003
Pasture.
XXVII. 1.
97
2^185
Pasture.
9)
98
3-183
Pasture.
}}
99
1088
Pasture.
99
100
2-634
Pasture.
99
101
2-599
Pasture.
99
102
3-027
Pasture.
XXVI. 4.
103
-630
Pasture.
XXVII. 1.
104
3 363 Pasture.
»»
105
-563 1 Pasture.
XXVI. 4.
106
1-245 Wood.
XXVII. 1.
107
3133 Pasture.
»
108
3-933 1 Pasture.
)f
109
4-761
Pasture.
»
110
3-330
Pasture.
»
in
5-786
Arable.
)>
112
1-817
Pasture.
n
113
4-542
Arable.
»
114
•019
Garden.
))
115
1-542
Pasture.
n
116
•340
Pasture.
i>
117
•399
Neville's Cross Cottage, houses.
<fcc.
))
118
2-110
Arable.
M
119
4-866
Arable.
)l
120
3-347
Pasture.
>l
121
1-282
Margery Lane Cottages, gardens
&c.
))
122
•147
Garden.
»
123
2-102
Gardens, <fec.
»
124
•062
Enclosure.
»
125
4-362
Pasture.
f»
126
4-074
Pasture.
>»
127
-190
Houses, yards, <fe gardens.
if
128
1-402
Pasture.
»
129
•361
Houses, yards, & garden.
t>
130
•134
Neville's Cross P. H. & garden.
»
131
•141
Wood.
»
132
2-970
Arable.
»
133
7-922
A rable.
»
134
3-910
Pasture.
l>
135
•189
Blind Lane Cottage, yard, &c.
Carried forward.
278 014
TOWNSHIP OF CROSSGATE.
33
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
278-014
Brought forward.
XXVII. 1.
136
3-250
Pasture.
9)
137
2-420
Pasture.
jy
138
1-986
Gardens, dkc.
J)
139
•130
Enclosure (Wood).
)>
140
■043
House.
))
141
2-170
Pasture.
j>
142
•951
Pasture.
5)
143
1-370
Arable.
?J
144
4-102
Pasture.
)J
145
•235
Houses, yards, & gardens.
M
14G
•847
Pasture.
jt
14<3a
•015
Garden.
JJ
147
3411
Arable.
147a
•014
House.
J)
148
4 441
Arable.
99
149
4-324
Pasture,
19
150
4^491
Pasture.
9}
151
•449
Garden.
152
2-540
Arable.
} 9
153
•251
Garden.
9 9
154
•442
Wood, &c.
99
155
2-795
Pasture.
99
155a
•045
Wood.
99
156
3-391
Pasture & wood.
99
157
•188
Garden.
99
158
1-439
House, (fee. (Grammar School).
99
159
3-480
Pasture.
99
160
•105
Lane.
99
161
•487
Wood.
99
161a
•520
Public road.
99
162
1177
Houses (fe gardens.
99
163
-310
Houses, yards, & gardens.
99
164
•129
Lane, trees, <fec.
9>
165
3 047
Wood, &e. (Elvet Banks).
99
166
-018
House (fe yard.
77
167
•030
Enclosure.
XXVI. 8.
168
1-789
Pasture ife spring.
99
168a
•274
House, garden, &c.
99
168b
•008
House.
XXVII. 5.
169
5-681
Pasture.
XXVI. 8.
170
2-519
Pasture.
XXVII. 5.
171
4-467
Pasture.
99
172
6-298
Pasture.
99
173
•125
Garden.
99
174
•082
House <fc yard.
99
175
3^680
Pasture.
99
176
2-722
Pasture.
99
177
4-386
Pasture.
99
178
6-095
Pasture.
XXVII. 1.
179
4-063
Pasture.
Carried forward.
375-246
34
TOWNSHIP OF CROSSGATE.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
375-246
Brought forward.
XXVII. 5.
180
•130
Wood.
J>
181
•527
Observatory & ornamental ground.
ff
182
4-144
Pasture.
}f
183
6-900
Pasture.
9f
184
•145
Garden.
}f
185
1158
Pasture.
if
186
•163
Plantation.
J)
187
•008
Wood, (fee.
)t
188
1-180
Pasture.
)i
189
2-126
Pasture.
jy
190
•937
Pasture.
9)
191
•202
Garden.
))
192
3-376
Pasture.
))
193
1-838
Pasture.
}}
194
1-808
Pasture.
ii
195
-299
West House, houses, gardens, &c.
jf
196
6-546
Pasture, &c.
>)
197
•061
Wood.
»>
198
•062
Wood.
99
199
•141
Wood.
99
200
7^419
Pasture.
99
201
•120
Lane.
99
202
2^399
Pasture.
9)
203
•997
Pasture.
XXVII. 1.
204
(38-531
( 3-697
( City of Durham.
\ Roads in City of Duiham.
XIX. 16.
205
1-522
Public road.
XXVII. 1.
206
4^548
Public road.
XXVI. 4.
207
1-394
Public road.
)>
208
-958
Public road (Quarryhouse Lane).
XXVII. 1.
209
6-242
Public road.
99
210
1-946
Redhills Lane (PubUc).
99
211
3-334
Public road.
XXVII. 5.
212
•640
Public road.
»)
213
1^750
Public road.
XXVII. 1.
214
14-974
Railway (Redhills Cutting).
„
215
5-876
River Wear.
XXVI. 4.
215a
1^523
River Browney.
504-867
RECAPITULATION.
455-943
26-551
14-974
7-399
504-867
Land.
Public Roads.
Railway.
AVater.
Total area
Crossirate.
of the Township of
TOWNSHIP OF SHINCLIFFE.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XXVII. 6.
1
14111
Arable,
)j
2
2-081
Rough pasture.
3
6-522
Arable.
4
5-932
Arable.
5
6 057
Arable.
6
6 085
Arable.
7
•247
Lane.
8
1-300
Pasture.
9
1-394
Pasture.
10
4-709
Arable.
11
4-810
Arable.
12
5-206
Arable.
}j
13
2-808
Arable & pasture.
14
•138
Arable.
J)
15
•236
Railway (Old Durham waggon- way).
16
•090
Garden.
)j
17
1-164
House, yards, (Sic. (Shinclifie Mill).
18
•072
Arable.
19
•530
Mill Wood.
20
2-625
Arable.
21
2-390
Pasture.
22
-163
Garden.
23
•732
Arable.
24
•182
Hamilton Cottage <fe garden.
25
1-098
Houses, <fec. (Brick & Tile Works),
ij
26
8-679
Arable, &c.
27
3-333
Pasture.
28
4-818
Arable.
i)
29
•084
Stackyard.
30
1-588
Pasture.
31
1-365
Arable.
fy
32
•089
House & yard.
33
3-215
Arable.
34
6-792
Arable.
35
-591
Pasture.
36
2-850
Pasture.
37
-858
Sherburn House, houses, yards, <tc.
38
5-730
Pasture.
39
7-134
Pasture.
))
40
-898
Pasture.
Carried foru-ard.
118-706
36
TOWNSHIP OF SHINCLIFFE.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
118 ^Oa
Brouylit fonvard.
XXVII. 6.
41
11-747
Arable & stream.
}}
42
4-775
Arable.
43
•131
Arable.
))
44
4-500
Arable.
XXVII. 7-
44a
5-098
Arable.
44b
•607
Pasture.
XXVII. 6.
45
•997
Public road (ShinclifFe Lane).
XXVII. 7-
45a
•301
House, yard, & garden.
XXVII. 6.
46
•880
Public road.
47
•280
Arable.
48
5-373
Arable.
49
4-4c!5
Arable.
50
3-699
Arable.
51
1-825
Pasture, <bc.
51a
•052
Arable.
)«
52
6 •608
Wood & whins (Shincliffe Park).
53
•787
Wood.
>)
53a
2-137
Township road (MiU Lane).
54
1-708
Pasture, (fee.
55
•086
Arable, (fee.
56
1^710
Arable, (fee.
57
2-429
Arable.
58
•197
Wood.
59
3-740
Arable, <fec.
60
•110
Arable.
61
5-292
Arable, (fee.
9}
62
•924
Rough pasture, (fee.
63
5-866
Arable.
,'
64
8-105
Arable, <fec.
.,
65
•628
Garden.
)J
66
•181
The Rose Tree P. H., houses, (fee.
))
67
•130
House, gardens, (fee.
}}
68
•041
Garden.
69
2^672
Arable, <fec.
)J
70
3^652
Pasture, (fee.
J»
71
1^572
Pasture.
M
72
•376
Park House, orchard, garden, (fee.
}}
73
1^849
Pasture, (fee.
)»
74
•049
Stackyard.
)>
75
4-667
Pasture, arable, (fee.
))
75a
1-292
Arable.
76
2-317
Pasture, <fec.
>)
77
3-717
Arable.
))
78
7-421
Arable, (fee.
}}
79
7-062
Arable, (fee.
>)
80
•092
Garden & orchard.
81
•031
Arable.
jj
82
1^681
Arable.
^j
83
2-565
The Railway Tavern, houses, (fee.
»
84
8-621
Arable.
Carried forward.
253-721
TOWNSHIP OF SHINCLIFFE.
37
Xo.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
253-721
Brought forward.
XXVII. 6.
85
•322
Garden.
86
8-380
Orchard, garden, &c.
86a
•207
Private lane.
87
1-553
Pasture.
88
1-190
Pasture.
89
•591
Pasture.
90
2-097
Pasture.
91
-748
Pasture.
92
•669
Houses, yards, & gardens.
93
-432
Houses, yards, & gardens.
94
•245
Houses & yards.
95
•154
Garden.
96
1-172
Houses, yards, & gardens.
97
1-061
St. Mary's Church, graveyard, &c.
98
•384
The Parsonage, houses, yards, &c.
99
■593
Pasture, houses, Szc.
100
-399
Houses, yards, & gardens.
101
-659
Houses, stackyards, &c.
102
•083
Houses, yards, &c. (P. H.)
103
1-573
Houses, yards, gardens, &c.
104
-560
House & garden.
105
-414
Houses, yards, gardens, &c.
106
1-224
Houghall Houses, yards, &c.
107
2-345
Houses, yards, & gardens.
108
-467
Houses, yards, & gardens.
109
•371
Houses & gardens.
110
1-400
Houses, yards, & gardens-
111
-175
Houses & gardens.
112
1-820
Pasture.
113
-138
Lane.
114
-511
Pasture.
115
4-875
Pasture.
116
6-462
Pasture.
117
2-215
Pasture.
118
1-209
Pasture.
119
1-773
Pasture.
120
6-275
Arable.
121
3-473
Pasture.
122
6-484
Arable.
123
3-138
Arable.
124
5-987
Arable.
125
5-765
Pasture.
126
6-372
Pasture.
127
1-485
Pasture.
128
4-618
Arable.
128a
5-099
Arable.
129
1-005
Hough pasture.
'*
130
12-122
Arable.
131
-176
House & garden.
132
11-676
Arable.
Carried forri-anJ.
375-867
38
TOWNSHIP OF SHINCLIFFE.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
375-867
Brought forward.
XXVII. 6.
133
3-884
Arable.
)}
134
4-781
Arable.
yj
134a
5-128
Pasture, &c.
)■
135
•029
Wood.
9)
136
•186
Pasture.
}}
137
1-019
Pasture.
})
138
•490
Arable, (fee.
)|
139
5-215
Pasture.
3J
139a
3-451
Pasture.
)9
140
2-100
Pastiire.
)}
141
2-418
Arable.
f>
142
•118
House <fe garden.
9)
143
5-490
Arable.
}y
144
6-391
Arable.
>>
145
2-924
Waggon-way.
9}
146
3-352
Pasture.
J)
147
•993
Pasture.
yy
148
9-700
Pasture.
9>
149
4-020
Pasture.
)9
150
•581
Pasture, footpatli, <fec.
>9
151
8-267
Pasture, <fec.
J}
152
4-849
Arable.
J>
153
5-901
Wood, pasture, <fec.
})
154
•789
Arable.
99
154a
•505
Bank Foot, house, yard, garden,
(fee.
yj
155
6-618
Pasture.
y y
156
3-674
Arable.
}}
157
•926
Arable.
99
158
•154
Arable.
})
159
1-310
Pasture.
})
160
5-762
Arable.
>J
161
•652
Houses, yards, <fe gardens (P. H
)
99
162
•502
Houses, gardens, (fee. (SeLool).
99
163
5^723
Pasture.
99
164
4-422
Arable.
99
165
7-960
Pasture.
99
166
28-006
Houses, gardens, colliery, -waste,
(fee.
XXVII. 10.
166a
1-507
Railway.
) J
166b
•281
Gardens.
J)
166c
1-832
Houses (fe gardens.
XXVII. 6.
167
11-715
Arable.
j>
168
2-886
Arable.
99
169
5115
Pasture.
99
170
9-937
Arable.
95
171
14-596
Arable.
XXVII. 10.
172
1-720
Wood, (fee.
) J
173
•494
Pasture, <fec.
15
174
•677
Sbinclifie Hall, houses, gardens.
.fee.
XXVII. 6.
175
1-412
Pasture.
>)
176
•663
Wood, (fee.
Carried forward.
576-992
TOWNSHIP OF SHINCLIFFE.
39
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
576-992
Brouqht forward.
XXVII. 6.
177
9-878
Wood, &c.
XXVII. 10.
178
15-758
Pasture, &c.
179
1-094
Wood, stream, &c.
180
3-710
Arable, &c.
181
1-632
Pasture, &c.
182
5-249
Arable, &c.
183
4-632
Pasture, &c.
183a
•182
Pond.
184
•359
Township road.
184a
•202
Sheds & gardens.
185
1-548
ShincliiTe Grange, houses, &c.
186
2-929
Pasture.
187
4-492
Pasture.
188
2-849
Pasture, &c.
189
8-778
Arable.
189a
•067
House, yard, & garden.
190
7-117
Pastxire, &c.
191
•253
Houses, yard, & stackyard.
192
6^122
Pasture, &c.
193
7-076
Pasture, &c.
193a
•533
Pasture.
194
9-365
Pasture.
195
•758
ShincUffe West Grange, houses, Sec.
196
•127
Garden.
197
3-389
Pasture.
198
2-475
Arable, &c.
199
4-307
Arable, &c.
200
1-455
ShincliflFe East Grange, houses, &c.
201
4-384
Arable.
202
10-483
Pasture.
202a
•124
Gardens.
202b
-120
Garden, &'c.
202c
•293
Houses & yards.
203
11-309
Pasture, &c.
204
1147
Pasture.
205
3-595
Arable, &c.
206
•406
Arable.
206a
•010
Arable.
207
4-053
Pasture, &c.
207a
•052
Arable.
208
7^517
Arable, &c.
209
5-276
Arable, refuse heaps, &c.
210
26-681
Arable, &c.
211
•499
Orchard and garden.
212
52-342
Shincliffe Wood.
213
13-807
Pasture, &c.
214
15 049
Arable, &c.
215
14-708
Arable.
216
•227
Arable.
217
-099
Pool.
Carried fonvard.
855-509
40
TOWNSHIP OF SHINCLIFFE.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
855-509
Brought forward.
XXVII. 10.
218
4-701
Arable & stream.
219
5-403
Arable.
220
5-982
Arable, &c.
221
12-692
Arable, &c.
222
4-868
Arable, &c.
223
6-412
Arable.
224
2-477
Arable & stream.
224a
•076
Pasture.
224b
•059
Embankment.
225
1^243
Arable.
226
•325
Arable.
227
4-261
Arable.
228
11-410
Arable, &c.
228a
•292
Occupation Lane.
229
•260
Shinclifle Low Grange, house,
&c.
230
3-541
Pasture.
231
3-817
Pasture.
232
7-932
Pasture, &c.
233
•642
Pasture, whins, &c.
234
7-337
Arable, &c.
235
7-371
Arable, &c.
236
5-003
Arable, &c.
237
4-251
Arable & rough pasture.
238
13-908
Arable.
239
11-036
Arable.
240
4-268
Arable, &c.
241
3-450
Pasture, 8zc.
242
4-674
Township road.
243
6-430
Arable.
244
•241
Garth.
245
•684
Shincliffe High Grange, houses
, &c.
246
1-597
Pasture, &c.
247
4-258
Pasture, &c.
248
2-561
Pasture, &c.
249
2-377
Arable & stream.
250
8 018
Arable.
251
-182
Garden.
252
•102
Pasture, &c.
253
•052
Garden.
254
2-412
Arable.
255
5-815
Arable.
256
6-051
Arable, &c.
257
6-431
Arable.
257a
6-452
Pasture.
258
6-081
Arable.
259
3 042
Arable, &c.
2G0
15-598
Arable, &-c.
261
14-302
Pasture, &c.
262
8-959
Arable, &c.
263
3-301
Arable.
Carried fonoard.
1098-146
TOWNSHIP OF SHINCLIFFE.
41
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
1098-146
Brougltt forward.
XXVII. 10.
264
3 060
Arable, &c.
,,
265
8-544
Arable.
„
260
8-577
Arable & stream.
,,
267
13-501
Arable, &c.
))
267a
5-329
Arable.
)>
268
•678
Occupation Lane.
„
269
-390
House, garth, &c.
»)
270
6-620
Arable.
„
271
6-786
Pasture, &c.
))
272
5-405
Arable, &c.
„
273
11-922
Pasture, &c.
II
273a
1-173
Public road.
„
274
9-067
Pasture.
I>
275
5-546
Arable.
'»
276
9 032
Arable.
,,
277
1120
Shincliffe Moor House, houses, &c.
»)
277a
•155
Pond.
)>
278
•052
Garden.
„
279
4-642
Arable.
1)
280
11159
Pasture & rough pasture.
)l
281
5-253
Arable.
„
282
9-300
Arable, &c.
>)
283
7-221
Arable.
,,
284
5-3-24
Arable, &c.
„
285
5-222
Arable.
„
286
10-602
Arable.
„
287
7-413
Pasture & pond.
)>
288
6-100
Arable, &c.
»
289
4-174
Pasture.
1)
290
10-145
Arable, &c.
)1
291
5-604
Arable.
XXVII. 14.
292
7-328
Rough pasture, furze, &c.
»
293
5-1-28
Pasture, furze, &c.
))
294
10-218
Arable.
,,
295
•482
Pasture, &c.
XXVII. 10.
296
17-689
Xorth Eastern Railway.
XXVII. 6.
297
16-958
North Eastern Railway.
„
298
3-908
North Eastern Railway.
XXVII. 10.
299
14-396
Public road.
XXVII. 6.
299a
1-403
Public road.
„
300
12-636
River Wear.
300a
1-200
Old Durham or River Pittington.
1378-608
42
TOWNSHIP OF SHINCLIFFE.
RECAPITULATIOK
1298 -lis
26 019
14 173
40-298
Land.
Public roads.
Water.
Railways.
1378-608 Total Area of the Township of
ShincUffe.
TOWNSHIP OF SUNDERLAND BRIDGE,
SUNDERLAND BRIDGE DIVISION.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XXVII. 13.
1
35-411
Pasture.
,,
2
30-700
Pasture, &c.
2a
-199
Pasture.
'„
3
•278
Wood.
„
4
-060
Lane.
,j
5
•424
Wood.
,]
6
•799
Pasture.
7
11-256
Pasture.
1)
8
1-880
Pasture, &c.
9
•440
Lane.
)>
10
4-841
Pasture.
11
•272
AVood.
)>
12
•]40
Lodge, yard, & garden.
,j
12a
-189
Wood.
>)
13
2-711
Pasture.
j>
14
-715
Wood.
5>
15
•542
St. Bartholomew's Chxirch, &c.
16
•045
House & yard.
^J
17
■036
Yard, &c.
18
•241
Arable.
,j
19
•217
Arable.
J5
20
•259
Arable.
>>
21
•737
The Parsonage, yard, & garden.
))
22
•760
Houses, yards, & gardens.
,,
23
1-055
Pasture.
!)
24
•498
Houses, yards, & gardens.
»»
25
•287
Houses, yards, &c.
)1
26
•464
Stackgarth.
H
27
•700
Houses, yards, & gardens.
)1
28
-380
Houses & yards.
,,
29
-406
Houses, yards, &c.
V
30
■860
Pasture, &c.
31
-080
Houses & yards.
))
32
-577
Houses, yards, &c.
?»
33
•146
Garden, &c.
34
•103
House 6c garden.
^j
35
•500
Pasture.
.,
36
•294
House, yards, & garden.
))
37
•219
House, yard, & garden.
>>
38
•186
Pasture, &c.
93-907
Carried forii-ard.
f
u
TOVn^SUlP OF SUXDERLAND BRIDGE,
SUNDERLAND BRIDGE DIVISION.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
99-907
Brought forward.
XXVII. 13.
39
•378
Pasture, &c.
40
•394
Pasture, <kc.
41
•513
Gardens.
42
•412
House, yard, & garden.
42a
•265
Gardens, <fcc.
"
43
•262
Wood.
44
1-147
Wood.
45
2-743
Pasture, cart road, &c.
3)
46
3-944
Ladypark Wood.
47
1-830
Pasture.
48
10-012
Pasture.
49
1-870
Pasture.
50
-138
Pond.
51
-369
House & garden.
53
•066
House <fe yard.
5 J
54
•013
House & yard (Turnpike).
55
5-069
Pastiue.
56
•381
Orchard.
5 J
57
•514
Occupation road.
58
5-407
Pasture «fe cart road.
59
•727
Pasture, &c.
60
5-182
Pasture <fe cart road.
61
5-563
Pasture.
)5
62
6-854
Wood, (fee. (The Heugh).
63
8-835
Pasture, &:c.
64
6-755
Arable.
))
65
5-891
Arable.
yj
66
8-121
Pasture.
J )
67
10-224
Arable.
68
5-309
Pasture.
J 9
69
•096
Weigh Bar, house & garden.
9}
70
4^961
Pasture, stream, &c.
))
70a
•149
Lane.
) y
72
5^923
Arable.
J J
73
6-154
Arable.
)}
74
8-685
Pasture.
$ )
75
8-182
Arable.
5 >
76
4-267
Wood.
J 3
77
5-828
Arable.
n
78
6-089
Arable & rough pasture.
XXXV. 1.
79
7-887
Pasture & quarry.
; J
80
•081
House & yard.
})
81
9-099
Pasture & stream.
99
82
15-526
Pasture.
9)
83
14-501
Pasture.
XXVII. 13.
84
18-576
Arable.
99
85
5-731
Arable.
XXXV. 1.
86
9 173
Pasture.
XXVII. 13.
87
6-787
Arable.
XXXV. 1.
88
11-209
Arable.
Carried forward.
347-999
TOWNSHIP OF SUNDERLAND BRIDGE,
SUNDERLAND BRIDGE DIVISION.
45
No. of Sheet.
XXVII. 13.
XXXV. 1.
XXVII. 13.
No.
Area
on
in
Description.
Plan.
Acres.
347 999 Brought forward.
89
8-413 Pasture.
90
3-409 Crime Wood.
91
10 036 Pasture.
92
5-997 ! Arable.
93
•657 \ Wood.
94
4-341
Pasture.
95
5-250
Pasture.
96
5-623
Pasture, old quarry,
(tc.
97
5-790
Arable.
98
12-294
Arable.
99
5-274
Arable.
100
8-284
Pasture, furze, <fec.
101
2-624
Wood, quarry, cfcc.
102
6-115
Arable.
103
•644
Lane (pasture).
104
5-027
Pasture.
105
6-369
Arable.
lOG
9-943
Pasture.
107
11-065
Arable.
108
10-431
Arable.
109
7-034
Arable.
110
7-367
Arable.
111
9 641
Arable.
Ilia
■028
Arable.
112
10-457
Pasture & footpath.
113
11-066
Pasture.
114
2-660
Public road.
115
8-138
Public road.
116
4218
Public road.
117
9-674
River Wear.
118
1-363
Croxdale Beck.
547-231
RECAPITULATION.
521-040
15 016
11-175
547-231
Land.
Public roads.
Water.
Area of the Tp. of Sunderland Bridge,
Sunderland Bridge Division.
TOWNSHIP OF SUNDERLAND BRIDGE,
(CROXDALE DISTRICT).
No.
Area
No. of Sheet.
on
in
Description.
Plan.
1
Acres.
XXVII. 9.
6-008
Wood, old quarry, &c.
2
8-766
Arable.
3
29-008
Arable.
4
1-214
Pasture, gardens, &c.
5
1-085
Pasture.
6
1-544
Butterby, bouses, yards, lane,
&c.
7
•512
Pasture, Sec.
8
•710
Wood.
9
10-094
Pasture.
10
3-706
Pasture.
11
20-334
Arable.
12
12-240
Pasture.
13
8-505
Old course of River Yfear.
14
6-841
Pasture.
15
1-765
Wood.
16
8-105
Pasture.
17
4-820
Pastvirc.
18
2-538
Wood.
19
20-897
Pasture.
20
5-895
Wood, bank, &c.
21
39-355
Wood.
22
4-117
Wood, &c.
23
•835
Croxdale Wood House, yard.
&c.
24
•165
Stackyard.
XXVII. 10.
25
51-188
Butterby Wood.
26
1-941
High Butterby, houses, yards
&c.
27
7-025
Pasture, &c.
28
7-662
Pasture, &c.
29
1-355
Lane.
30
14-185
Pasture, &c.
31
16-083
Pasture, bridle road, S:c.
XXvil. 14.
31a
•336
Lane.
XXVII. 9.
32
4-096
Wood & pasture.
XXVII. 13.
33
20-042
Wood.
))
34
6-274
Pasture.
XXVII. 14.
35
1122
Public road.
>?
35a
11-794
Arable.
i>
36
11-771
Wood, &c.
,,
37
19-931
Pasture.
38
13-610
Arable.
Carrii'd forward.
387-474
TOWNSHIP OF SUNDERLAND BRIDGE, 47
(CROXDALE DISTRICT).
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
387-474
Brought forward.
XXVII. 14.
39
9-856
Pasture.
J,
40
9-659
Pasture, &c.
XXVII. 13.
41
12-913
Wood, &c.
ji
42
15-700
Pasture.
,,
43
•196
Wood (fe pond.
ji
44
14 006
Pasture, &c.
,,
45
•260
Plantation & pond.
^,
46
•258
Pasture.
,,
47
•992
Woodhouse Lane.
,,
48
•676
Wood, ponds, &c.
,,
49
5^227
Pasture, «Src.
j>
50
•269
Wood.
51
14-512
Pasture, <fec.
52
•061
Pond.
>)
53
•433
Wood.
>i
54
10-309
Arable.
55
17-941
Arable.
jj
56
9-108
Arable.
J,
57
■OGl
Pasture, «fec.
J,
58
•507
Wood.
jj
59
■15 240
Arable.
jj
60
12130
Arable.
XXVII. 14.
61
6-199
Arable.
J,
62
7-957
Arable.
,j
63
13 044
Arable.
,j
•64
1-460
Wood.
>>
65
3-930
Wood.
66
-099
Pond.
)>
67
13-111
Arable.
68
15-700
Pasture.
))
68a
1-516
Wood, &c.
XXVII. 13.
69
6-082
Wood, &c.
))
70
•753
Hoiise, yards, &c. (R.C.
Chapel).
,,
71
•510
House <fc yards (Church).
,,
72
•427
Wood.
91
73
•460
Lane, ifec.
74
•796
Houses, yards. Sue.
)'
75
1^569
Pasture, &c.
)•
76
•244
House k, pasture.
))
77
•120
House & gardens.
78
1539
Wood, &c.
J,
78a
•271
Lane, &c.
.,
79
5-614
Wood & pasture.
>?
80
•566
House &, pasture.
J,
81
1110
Pasture, itc.
,,
82
•020
House Si. yard.
?»
83
13-905
Pasture, &c.
)»
84
5-425
Wood, Szc.
85
5-004
House & gardens.
!>
86
1354
Fish pond.
Carried forward.
646-573
48
TOWNSHIP OF SUNDEELAND BRIDGE,
(CROXDALE DISTRICT).
No. of Sheet.
XXVII. 13.
XXVII. 14.
XXVII. 13.
XXVII. 14.
XXVII. 13
XXVII. 9.
Plan.
87
88
89
90
91
92
93
94
95
96
97
97a
98
99
100
101
102
103
104
105
106
107
108
109
110
111
Ilia
112
113
114
115
116
116a
117
118
119
120
121
122
123
124
125
126
Acres.
646-573
•496
•929
•127
•711
19 606
•397
3 572
1^297
3 504
14^898
15-437
5-410
1-352
1-702
•614
•189
7-474
•281
10 135
21-008
18-815
•597
20^832
•827
15-286
•310
1-637
13-079
4-873
5-541
2316
•930
•189
•260
•519
5-338
4-949
5-613
5-012
1-977
4-877
9-996
14-738
894-223
Description.
Brought forward.
Fish pond.
Wood.
Wood.
Wood.
Pasture.
Pond.
Annie's Wood.
Wood.
Pasture.
Pasture.
Pasture & arable.
Pasture, &c.
High Croxdale, house, yard, &c.
Pasture, &c.
Pasture, cart road, 8:c.
Pond.
Arable.
Lane.
Arable.
Pasture.
Pasture.
Wood.
Pasture, &c.
Houses, yards, & gardens.
Wood.
Pond.
Croxdale Beck.
Pasture, wood, &c.
Pasture, &c.
Pasture, &c.
Wood, &c.
House, pasture, &c.
Pasture.
House & gardens.
Pasture, &c.
Arable.
Arable.
Arable.
Arable.
Pasture.
Pasture.
Southernclose Wood.
River Wear.
TOWNSHIP OF SUNDERLAND BRIDGE.
49
RECAPITULATION.
873-820
I 122
19-281
894-223
Land.
Public roads.
Water.
Area of tlie Township of Sunderland
Bridge, (Croxdale District).
RECAPITULATION FOR THE TOWNSHIP.
1394-860
16-138
30 456
1441-454
Land.
Public roads.
Water.
Total Area of the Township of
Sunderland Bindge.
__.„.
TOWNSHIP OF ELVET.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XXVI. 4.
1
9-646
Arable.
,,
2
9-337
Arable.
3
11-389
Arable.
)«
4
7-937
Arable.
5
•571
Quarry, &c.
.^
5a
•036
Garden.
6
1-057
Garden, &c.
7
•603
Gardens, &c.
j>
8
•191
Gardens.
9
•172
House & gardens.
10
•402
Houses, yards, & gardens-
11
•023
House.
.,
12
•216
Houses, &c. (Relley Paper Mill).
.,
13
•232
Lane.
,,
14
•593
Arable.
>?
15
5-019
Arable.
16
4-398
Wood, &c.
,,
17
1-160
Relley, houses, yards, &c.
•>
18
1^262
Pasture.
?»
19
9^659
Arable.
XXVI. 8.
20
2-153
Wood.
XXVI. 4.
21
8-856
Arable.
j^
22
10-295
Arable.
XXVI. 8.
23
7-975
Arable.
„
24
•170
Wood.
,j
25
6 195
Arable.
,,
25a
•203
Arable & wood.
.J
2G
10-256
Pasture.
,,
27
1-865
Arable.
,j
28
17-755
Arable.
,,
29
11-918
Arable.
„
30
-028
Garden.
It
31
-291
Stone Bridge House & garden.
„
32
•367
The Bridge Inn, yard, & orchard.
.,
33
1^997
Pasture.
,,
34
•399
Wood.
,,
35
•892
Arable.
XXVII. 5.
36
2 148
Arable.
„
37
3-336
Pasture.
»»
38
3-603
Pasture.
Carried forward.
154-605
TOWNSHIP OF ELVET.
51
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
154-605
Brouf/ht forward.
XXVII. 5.
39
3 068
Arable, &c.
))
40
4-347
Pasture.
>>
40a
•270
Lowe's Barn, house.s, yard, &c.
,,
40b
•010
Yard.
>'
41
•354
Bell's Folly, houses, & gardens.
»
42
1-478
Pasture.
))
43
•090
Wood.
J)
44
3122
Pasture, &c.
)>
45
2-726
Pasture.
»
46
3-104
Pasture.
»>
47
3-242
Pasture, &c.
))
47a
•027
Wood.
11
48
•234
Pasture.
»
49
•020
House.
>f
50
2-265
Pasture, &c.
))
51
1-113
Pasture.
)j
52
3-221
Pasture.
j>
53
2-464
Pasture.
»
64
1-647
St. Cuthbert's Cottage, houses,
&c.
»)
55
2-718
Pasture, &c.
XXVII. 1.
56
9 661
Pasture, &c.
)>
57
5-488
Pasture.
)>
58
5-410
Pasture.
59
6-058
Pasture.
XXVII. 2.
60
5-737
Pastui-e.
»
61
17-125
Pelavv Wood & rough pasture.
J?
62
7-071
Arable.
))
63
•575
Pasture.
))
64
7-107
Pasture.
))
65
9-736
Arable.
))
65a
7-403
Pasture, &c.
>)
66
13-541
Arable.
67
18-617
Arable.
XXVII. 1.
68
•991
Pasture.
»
69
8-730
Pasture, cart road, &c.
»
70
1-684
Public road.
)>
71
1-125
Gardens, &c.
>>
72
2-045
Arable.
XXVII. 2.
72a
•2 Jo
Ai'able.
»
73
3-647
Pasture.
»
74
4-559
Ai-able.
)»
75
6-838
Arable.
))
76
■796
Houses, yards, & gardens.
»>
77
12-291
Pasture.
>>
78
8-974
Pasture.
ft
79
11 146
Pasture.
j>
80
13-800
Arable.
>>
81
8-963
Arable.
82
12-053
Pasture.
»
82a
-029
Garden.
Carried forivard
402-430
9
52
TOWNSHIP OF ELVET.
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
402-430
Brought forward.
XXVII. 1.
83
•204
Pasture.
84
1-447
Pasture.
"
85
•117
Houses, &c.
J»
86
•070
Houses, &c.
99
87
•121
Pasture.
99
88
•029
House.
99
89
•880
Pasture, &c.
W
90
12^759
Arable.
99
91
11-994
Wood, &c.
99
92
1^682
Arable.
^9
93
3-365
Pasture.
99
94
2-502
Gardens, &c.
»>
95
3-458
Pasture, &c.
»
96
-347
House & garden.
»
97
5-999
Arable.
XXVII. 2.
98
7-832
Pasture, &c.
99
4-968
Old Durham, houses, yards,
&c.
))
100
-440
Orchard.
99
101
2-107
Pasture.
>>
102
-657
Private lane.
>?
103
11-528
Pasture.
104
11-705
Arable.
105
3-487
Pasture, &c.
>♦
106
1-009
Bent House, houses, yards.
&c.
9J
107
•IGO
Stackgarth.
108
16-078
Arable.
109
11-876
Arable.
XXVII 1.
110
4 407
Wood, &c.
111
•520
Houses, yards, &c.
"
112
2-204
Pasture.
"
113
-609
Houses, gardens, &c.
*>
114
•295
Houses, yards, &c.
115
•124
House & garden.
116
•075
Garden.
117
•240
Garden.
118
•238
Garden.
119
•256
Garden.
120
•241
Garden.
121
•296
Gardens.
122
•250
Garden.
123
•244
Garden.
124
•243
Garden.
125
•220
Garden.
XXVIT. 5.
126
•469
Gardens.
XXVI r. 1.
127
•477
Garden, &c.
XXVII. 5.
127a
•045
Private lane.
XXVII. 1.
128
1^109
Pasture.
128a
-074
Garden.
128b
-004
1 House.
XXVII. 5.
129
10-450
Pasture, &c.
542-341
Carrifd fmmrd.
TOWNSHIP OF ELVET.
53
No.
Area*
No. of Sheet.
on
Plan.
in
Acres.
Description.
542-341
Brought forward.
XXVI r. 5.
129a
•474
Embiiukmeut.
xxvn. 1.
130
2 159
Arable.
xxvn. 5.
131
6-260
JMaidea Castle Wood, footpaths,
(fee.
xxvir. 2.
132
8-875
Arable, &c.
xxvn. 6.
133
6-459
Arable, (be.
XXVII. 2.
134
2-239
Pasture, (tc.
))
135
1-641
Pasture.
J)
136
•605
House, yard, <fe garden.
)?
137
•532
Pasture.
xxvn. G.
138
9-603
Arable, cfcc.
XXVII. 2.
139
12-195
Arable.
)>
140
1 -709
Pasture, ttc.
„
141
•417
Lane.
xxvn. 6.
142
6-115
Pasture, cbc.
xxvn. 2.
143
2-561
Waggon- way.
»
144
11-350
Pasture.
>>
145
•206
Garth.
1>
146
12^120
Arable.
147
10-607
Arable.
XXVII. G.
148
2-065
Wood (fe stream.
XXVII. 2.
149
8-033
Arable.
XXVII. 6.
150
9-847
Arable, <fec.
))
151
4-759
Pasture, whins, &c.
)>
152
8^452
Old Durham Colliery, houses, <fec
))
153
3^515
Pasture.
»)
154
•184
Lane.
»
155
3^398
Pasture, (fee.
i>
156
7^036
Pasture.
»>
157
2-082
Pasture.
>>
157a
7-476
Pasture, (fee.
)»
158
1-070
Pasture.
»
159
5-588
Arable.
»9
160
8^255
Pasture.
>>
161
5 501
Pasture, (fee.
))
161a
3-972
Arable.
)l
162
2-209
Arable.
163
2-849
Old Durham waggim-way.
XXVII. 5.
163a
•185
House, wood, (fee.
>»
164
•600
Wood.
!>
165
3-208
Gardens, (fee.
)}
165a
•997
Pasture, (fee.
)}
165b
•323
Pasture, (fee.
166
4-358
Pasture, (fee.
[,
167
•945
Durham, houses, yards, (fee.
M
168
•927
Garden.
}}
169
•503
Garden, cfec.
n
170
•496
Gardens.
Jl
171
•261
Garden.
If
172
•260
Wood.
)l
173
•328
Wood.
Carried forward.
738-150
54
TOWNSHIP OF ELYET.
No.
Area
No. of Sheet.
on
in Description.
Plan.
Acres.
738-150 1 Brouqht furu-ard.
XXVII. 5.
174
•189
House, garden, &c. (Hallgarth T.P.)
175
1-763
Pasture.
J5
176
•057
House, yard, & garden (Elvet T.P.)
XXV 11. 6.
177
17-715
Arable.
178
19-888
Pasture, &c.
XXYII. 5.
178a
4-962
Pasture, &c.
179
10-493
Arable, S:c.
IfeO
•095
House, yard, &c.
) J
181
•553
House, lSjc. (Butterby Lane T.P.)
182
6-503
Pasture, ^c.
182a
•059
Wood.
183
10 -300
Pasture, &:c.
3 y
183a
•740
Gardens.
) J
184
•728
Houses, Szc. (Elvet Colliery).
J )
185
5-952
Pasture, &c.
186
•282
Stackgartb, &c.
J)
1-87
12-236
Pasture, &c. (Mountjoy).
187a
•559
Embaukruent.
188
•084
Lane.
189
1-01J6
Gardens.
3 J
190
12-828
Wood, &c. (Little High Wood).
J J
191
5-891
Arable, &c.
J J
192
17 028
Pasture.
5)
193
•117
Stackgarth.
55
194
18-480
Arable, &c.
XXVII. 6.
195
•172
Garden.
XXVI. 8.
196
4-252
Pasture, &c.
33
196a
1^161
Pasture, &c.
33
197
2-557
Arable.
3 J
198
•875
Wood.
198a
•433
Wood.
33
199
•579
Waste ground.
3>
199a
3-048
North Eastern Railway.
3 J
200
-672
W'aste.
3)
201
11-932
Wood. (ReUey Wood).
3*
202
4-683
Pasture.
33
203
9-738
Arable.
33
203a
■020
Garden.
>J
204
•294
Houses, yards, &c. (Paper Row).
33
205
2-515
Pasture.
) 3
206
5-224
Arable.
33
207
•850
Houses, gardens, &c. (Batt House).
3)
208
-680
Houses, yards, gardens, 6jc.
1 5
209
2-475
Arable.
XXVII. 5.
210
1-238
Wood.
1 1
211
5245
Arable.
XXVI. 8.
211a
•073
House, yard, & garden.
XXVII. 5.
212
4-378
Arable.
) J
213
4-266
Pasture.
>)
214
3-634
Pasture, &c.
Carried forward.
957-722
TOWNSHIP OF ELVET.
55
No.
Area
No. of Sheet.
on
in
Plan.
Acies.
957-722
XXVII. 5.
215
2 -407
))
216
•081
j»
216a
1014
))
217
4-824
j»
218
1-854
jj
219
1-823
220
2-850
jj
221
1-845
>>
222
•134
j>
223
-051
))
224
•532
))
225
•273
)»
226
•967
)»
227
2 143
J)
227a
•135
)>
227b
•054
)>
228
2-577
)»
228a
•081
229
2-056
»>
230
1-346
j>
231
1-343
M
232
-202
»
233
2-107
))
234
1-990
>)
235
1-288
}t
236
1130
237
•374
)>
238
4-743
f)
238a
•074
!)
239
19-773
))
240
3-288
))
241
3-989
J>
242
8-382
>»
243
■953
>>
244
•956
)»
245
40 049
U
246
48-836
XXVII. 6.
247
1-465
))
248
1162
ti
249
1^850
XXVI. 8.
250
•164
)>
251
1-873 !
i>
251a
•098
)»
252
2-679 '
»
253
5-176
))
254
4-419
))
255
2-451
})
256
•233
257
•060
>>
258
2 095
1148 •5V1
Description.
Broiujht forward.
Pasture, cow-lioiise, itc.
House, yard, & garden.
Arable.
Pasture, cow-house, <k pond.
Pasture & shed.
Pasture.
Arable.
Pasture.
Garden.
Wood.
Windmill Hill Plantation.
House, gardens, &c.
Pasture.
Pasture, &c.
Wood.
Wood.
Houses, yards, <fec. (Elvet Hill).
Wood.
Pasture.
Pasture.
Pasture.
Wood.
Pasture & embankment.
Houses, garden, &c. (Elvet Villa).
Pasture.
Pasture.
Embankment.
Pasture, fountain, &c.
Wood.
Arable, &c.
Arable.
Pasture.
Arable, kc.
Reservoir, <fcc.
House, &c. (Mountjoy Cottage).
Wood, &c. (Great High Wood).
Arable, kc.
Houses, gardens, reservoirs, etc.
Gravel Red Lane, cfec.
Wood, embankment, &c.
Wood, (to.
Pasture.
Wood.
Arable.
Pasture.
Arable.
Wood.
Wood.
Wood.
Pasture.
Carried fonoanL
56
TOWNSHIP OF ELVET.
No.
Area
Xo. of Sheet.
on
in
Description.
PIhii.
Acres.
1148-571
Br OH' jilt forward.
XXVII. 5.
259
•387
House, yards, &c. (Elvet Cottage).
))
260
•972
Private road.
»)
2G1
4 869
Pasture.
))
262
4-745
Arable.
}f
203
5126
Arable.
yf
264
2-220
Pasture.
265
1-917
Pasture & cow-house.
>)
266
3-296
Arable.
)»
267
1-408
Pasture.
»
268
2-250
Pasture.
yt
269
1063
Pasture, well, <fcc.
9»
270
2-509
Pasture, (fee.
271
2-267
Pasture & pool.
j>
272
2-110
Pasture.
99
273
1063
Arable.
99
274
1-114
Pasture & shed.
99
275
1-024
Pasture & stream.
99
276
1-480
Pasture.
»
277
1-356
Pasture.
»
277a
-028
Wood.
99
278
2 034
Pasture.
99
279
1-035
Pasture.
99
280
•311
Houses, yards, gardens, <fec. (P. H.)
19
281
•950
Wood, &c.
>9
281a
1-947
Pasture, remains of moat, <fec.
99
282
2-028
Pasture, (fee.
99
282a
1121
Pasture, &c.
99
283
•236
Houses, yard, garden, &c.
99
284
•044
Pasture.
99
285
2-906
Pasture. (Bucks Hill).
99
286
1-860
Oswald House, gardens, yards, &c.
99
286a
•731
Gardens.
99
287
2-454
Pasture, (fee.
99
287a
•412
Wood. (Bucks Hill Plantation).
99
288
•104
Wood.
W
288a
•089
Wood.
99
289
4-236
Pasture, (fee.
99
290
3-360
Pasture, (fee.
99
291
1-231
Pasture, (fee.
99
292
2-446
Pasture.
99
293
1-608
Pasture, (tec.
99
294
•059
House, yard, (te garden.
99
295
•811
Houses, garden, wood, (fee.
99
296
•742
HoUinside, houses, yards, (fee.
99
297
2-133
Pasture, (fee.
99
298
•246
Wood.
19
299
2-084
Pasture.
99
300
-042
Sbed (fe yards.
99
301
20-301
Wood, (fee. (Hollinside Wood).
•9
302
26-984
Pasture, (fee.
Carried forward.
1274-320
TOWNSHIP OF ELVET.
57
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
1274-320
Brought forward.
XXVII. 5.
303
4 092
Pasture.
304
11-955
Arable, <fec.
XXVI. 8.
306
•860
Wood.
307
5-104
Pasture.
308
5-696
Wood.
309
3-502
Pasture.
310
3-144
Arable.
311
2-657
Wood (North Wood).
312
2-973
Arable.
XXVII. 5.
313
5-098
Arable.
314
2-870
Pasture.
315
11-413
Arable.
316
8-051
Pasture.
317
•055
Garden.
318
1-244
Wood.
319
4-876
Arable.
320
3-514
Pasture, &c.
321
4-260
Arable.
322
3-586
Pasture, &c.
323
8-532
Pasture, <bc.
324
•229
Wood, &c.
325
•497
Wood.
326
•050
Wood.
327
•475
Wood.
328
8-562
Mount Oswald, houses, yards, (
fee.
329
3-371
Pasture, ttc.
339
-389
Howling's Lane, &c. (private).
340
1-218
Pasture.
341
1-230
Arable.
341a
-219
Embankment.
342
1-126
Arable.
343
-880
Pasture.
344
6-089
Arable.
345
12-00:i
Arable.
346
-230
Pasture.
347
5-493
Arable, &c.
348
6-768
Pasture, <fec.
349
1-246
Wood, &c.
350
11-962
Arable, &c.
351
2-260
Pasture, &c.
352
1-289
Pasture, (fee.
353
6-939
Pasture, <fec.
354
7-657
Pasture, <fec.
355
6-023
Pasture, &c.
356
5-302
Pasture, ifec.
356a
•752
Hougliall, houses, yards, <fec.
357
6-271
Houses, yards, cfe gardens.
357a
6-588
Old waggon- way.
358
19-227
Arable.
XXVII. 6.
359
13-313
Pasture, (fee.
Carrieil forward.
1505-460
58
TOWNSHIP OF ELVET.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
1505-460
Brought forward.
XXVI. 8.
360
7-695
Arable.
}f
361
9-250
Pastu re.
362
7-081
Pasture.
XXVII. 5.
363
9-545
Ai-able.
364
9 573
Arable.
365
4-616
Pasture.
365a
1-430
Lane.
}}
3Li6
-533
Elvetmoor House, yai'ds, & garth.
5)
367
5-451
Pasture, &c.
J>
368
7-401
Pasture, &c.
369
8-484
Pasture, 8:c.
370
5-311
Pasture, &c.
371
6-266
Pasture.
372
•416
Garden.
JJ
372a
•165
Mount Oswald Cottage, yards, &c.
5)
373
1-351
Pasture, &c.
J)
373a
•130
Pasture, &c.
)J
374
4-863
Pasture, &:c.
))
375
8-430
Arable, &c.
3r6
5-349
Wood, &c. (BlaidsWood).
JJ
377
7-236
Arable.
jy
378
1-948
Wood, &c.
}i
379
4-506
Arable, &c.
))
380
2-186
Pasture, &c.
99
380a
1-824
Arable, &c.
91
380b
•080
Wood, &c.
381
•140
Arable.
W
382
•160
Occupation Lane.
9)
383
5-981
Pasture, trees, furze, &c.
j>
384
1-969
Pasture, Ozc.
9)
384a
•116
Pond.
9)
385
1-218
Stackgarth, &c.
J9
386
1-470
Pasture, &c.
JJ
387
5-971
Arable, &c.
Jt
387a
16-149
Pasture, &c.
XXVI. 8.
388
7-281
Arable.
389
5-275
Pasture.
XXVII. 5.
390
4 107
Wood, &c. (Moorliouse Wood).
JJ
391
15-701
Pasture.
JJ
392
4-210
A rable.
JJ
393
4-324
Arable.
394
4-399
Pasture, &c.
99
395
4-541
Pasture, ike.
396
5-262
Pasture, &c.
XXVII. 9.
397
9^318
Arable.
)>
398
3-668
Pasture, &c.
399
9-029
Arable, &c.
jf
400
8-520
Pasture.
fi
401
3-015
Arable.
»)
402
4-838
Arable, &c.
Carried forward.
1753-242
TOWNSHIP OF ELVET.
59
No.
Area
No. of Sheet.
on
Plan.
in
Acres.
Description.
1753-242
Brourjlit forward.
XXVII. 9.
403
15-743
Pasture, &c.
)?
404
•558
Lane (bridle road).
405
n-794
Arable.
J 5
406
10-808
Pasture, <fec.
J )
407
13-583
Arable.
XXVII. 5.
407a
•428
Occupation Lane.
XXVII. tK
408
8-222
Arable.
) )
409
11 -570
Arable.
5)
410
10-650
Wood;
) J
411
12-000
Arable, &c.
XXVI. 12.
412
5 929
Arable.
XXVII. 9.
413
8-738
Arable, kc.
9)
414
6-852
Arable.
J J
415
4-969
Arable.
3 )
416
1-532
Pasture.
j>
417
-719
House, yards, <fcc. ) Farewell
Houses, yards, (fee. ) Hall,
) J
418
1-358
) )
419
•890
Pasture.
J )
420
10-223
Arable.
421
3-591
Arable.
))
422
6-707
Pasture.
5 5
423
5-313
Pasture.
) 5
424
5-813
Pasture.
5 )
425
5-306
Wood, &c.
J J
426
5-995
Arable.
J 5
427
9-119
Arable, <fec.
J )
428
8-496
Arable, &c.
51
429
18-265
Ai-able, (fee.
5 )
430
14-251
Arable, (fee.
5 J
431
•192
High Hougliall, houses, yard, <fec.
) J
432
2-359
Pasture, well, pond, (fee.
J 5
433
3-020
Pasture, <fec.
J y
434
4-180
Pasture, (fee.
) 5
435
19-842
Arable, &c.
> y
436
3-556
Pasture.
)3
437
7-614
Pasture, pond, (fee.
J 1
438
•800
Bridle road (public).
5 )
439
9-255
Arable.
440
•697
Wood, (fee.
441
6-058
Arable, (fee.
) i
442
•913
Wood, (fee.
443
-530
Wood, (fee.
J'
444
12 '551
Arable.
445
12-814
Arable, (fee.
446
10 088
Arable, old engine-house, pond, &
re.
447
10-155
Pasture, <fec.
448
7-955
Pasture, (fee.
) J
449
10-145
Wood, (fee.
450
9-977
Arable, (fee.
V
451
13-904
Arable.
Carrkd forward.
2119-341
60
TOWNSHIP OF ELVET.
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
2119-341
Brought forward.
XXVII
9.
451a
1-135
Embankment, &c.
9 J
452
13-571
Ai'able, &c.
453
1-752
Embankment, &c.
454
16-482
Arable.
455
33 083
Arable, &c.
456
9-908
Pasture, &c.
457
8-298
Arable, &c.
457a
-499
House, gardens, &c.
458
•193
Pasture, &c.
459
-489
Garden.
) 5
460
3-523
Houses, &c. (Brick & Tile Works).
) )
461
•124
Houses, smithy, garth, &c.
462
3-835
Pasture, &c.
463
•922
Low Burnhall, houses, yards, &c.
,,
464
8-115
Wood, &c. (North Wood).
465
•357
Wood.
466
13-238
Arable, &c.
467
9-509
Pasture, &c.
J 5
468
1-712
Pasture.
XXVI.
12.
469
1-505
Houses, gardens, 8zc.
470
1-819
Gardens.
9?
471
•610
Houses, yards, gardens, &c.
XXVII
9.
471a
1-318
Orchard.
472
12-918
Pasture, &c.
473
18-121
Pastm-e, &c.
J,
473a
1-003
Houses, yards, Sec.
474
1-958
Wood, &c.
; )
475
-131
White House, houses, yards, &c.
y )
476
11-327
Arable.
476a
10-754
Arable.
55
477
10-082
Pasture, pool, Sec.
XXVI.
12.
478
13-743
Wood, ike.
XXVI.
16.
478a
-027
Arable.
XXVII
9.
479
-544
Burnhall, houses & yards.
55
480
15 179
Pasture, &c.
XXVII.
13.
481
-264
House & garden.
? J
482
•305
Fish pond.
XXVII
. 9.
483
37-593
Pasture, 6i:c.
484
2-051
Wood, &c.
485
11-257
Arable.
486
12-649
Bank, pasture, &c.
xxvii.
13.
487
13-468
Pasture, embankment, <S:c.
J )
487a
•844
Wood.
57
488
1-103
Wood.
XXVI.
16.
489
-228
Pasture, &c.
J5
490
3-964
House &. pasture.
491
-260
Wood.
XXVII.
13.
492
27-897
Arable.
5 1
493
7-094
Pasture, &c.
3)
494
4-236
Pasture.
Carried forward.
2470-338
TOWNSHIP OF ELVET.
61
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
2470-338
Brought forward.
XXVII. 13.
495
•360
House, yard, (fee.
>i
496
2-170
Pasture, road, <fec.
497
-162
Garden.
„
498
1-103
Wood.
>)
499
5-977
Pasture, <fec.
XXVII. 9.
500
7-670
Old course of River Wear.
,,
501
7-526
Arable.
,.
502
10 186
Arable.
,i
503
12-855
Arable.
,,
504
-462
Pasture.
))
505
2-839
Old course of river <fe grass.
XXVI. 8.
506
2-537
Public road (Broom Lane).
))
507
2-360
Public road.
XXVI. 4.
507a
8-523
North Eastern Rail-way.
XXVII. 5.
508
3-935
Township road.
))
509
2-245
Township road.
,,
510
2-058
Township road.
511
1-340
Township road.
,.
512
1-713
Township road.
„
513
1-222
Township road.
„
513a
•131
Public road.
,j
514
3-534
Turnpike road.
,,
515
2-895
Township road.
XXVII. 9.
516
15-186
Turnpike road.
XXVII. 5.
517
6-020
Township road.
XXVII. 6.
518
2 034
North Eastern Rail-way.
XXVII. 1.
519
42-745
River Wear.
XXVII. 2.
520
2-804
Old Durham or River Pittington.
XXVI. 8.
521
14-912
River Browney.
jj
521a
-110
River Deerness.
XXVII. 7. )
522
f 52-345
( 5-250
Town.
XXVII. 1. )
Roads in town.
2695-547
RECAPI
TULATION.
2556-149
' Land.
54-898
Public roads.
22-555
Railways.
61-945
Water.
Area of the Township of Elvet
2695-547
(exclusive of Detached portions).
Of this there are 2281-839 Acres
in the Ward of Chester, and
413-708 in the Ward of Easington.
TO^VNSHIP OF ELVET (DETACHED, NO. 1).
No.
Area
Xo. of Sheet.
on
in
Description.
Plan.
Acres.
XX. 6.
1
5-043
Arable.
„
2
4-579
Wood.
,,
3
1-206
Arable.
jj
4
23-916
Finchale Wood.
^,
5
4-639
Arable.
„
6
8-834
Pasture.
,,
7
9-702
Arable.
,,
8
10-647
Arable.
J,
9
9-012
Pasture.
,,
10
2-012
Pasture.
jj
11
12-083
Pasture.
»
12
11-026
Pasture & ruins. (Finchale Priory).
))
13
18-849
Pasture.
XX. 10.
14
1-604
Pasture, &c.
,1
15
12-541
Arable.
XX. 6.
16
9-388
Arable.
J,
17
12-580
Arable.
,,
18
12-759
Arable.
jj
19
19-136
Arable.
„
19a
-077
Wood.
,,
20
-298
Wood.
i>
21
3-227
Pasture, &c.
>»
22
1-751
Wood.
XX. 10.
23
10-579
Arable.
XX. 6.
24
5-470
Arable.
»
25
7-026
Pasture, &c.
>•
26
8-666
Wood.
XX. 10.
27
11-665
Pasture.
,J
28
10-519
Pasture, furze, brushwood, &c.
J,
29
-100
Garden.
,1
30
1-508
Arable & wood.
,,
31
-069
Garden.
„
32
-126
Pasture.
„
33
•311
Railway.
XX. 6.
34
2-100
Public road.
»
35
15-793
River Wear.
268-841
TOWNSHIP OF ELVET (dETACHED, NO. 1).
63
RECAPITULATION.
250-637
2 100
•311
15-793
2G8-841
Land.
Public road.
Hallway.
Water.
Area of the Township of Elvet,
(Detached, No. 1).
TOWNSHIP OF ELVET (DETACHED,- NO. 2).
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
XIX. 11.
1
3-398
Arable.
2
9-399
Wood.
^J
3
•028
Wall Nook, house, yard, &-c.
,J
4
-207
Houses & gardens.
«)
5
18-640
Rough pasture.
6
8-402
Pasture.
7
11-199
Pasture.
8
1-170
Wood.
9
•041
Arable.
10
5-683
Arable.
11
•550
Arable & wood.
?»
12
17-717
Wood.
13
2-523
Pasture.
14
33-965
Wood.
XIX. 15.
15
5-528
Rough pasture, furze, &c.
„
16
22-747
Wood, quarry, &c.
17
28-425
Arable.
18
•244
Hill Top, houses, yards, &c.
19
•239
Pasture.
20
•203
Stackyard, &c.
21
•074
Garden.
22
5-940
Pasture.
23
16-373
Arable.
24
27-243
Pasture, arable, & wood.
25
•071
Hollinside Cottage & yard.
26
5^189
Pasture.
;)
27
8-260
Arable.
28
•830
Wood.
29
30^992
Arable.
,,
30
7-749
Rough pasture & wood.
,,
31
11 160
Arable.
»?
32
3-446
Wood.
J>
33
19 064
Arable.
ij
34
4^162
Pasture.
f )
35
3-102
Pasture.
36
40-982
Arable.
})
37
•272
Wood.
38
6-610
Wood.
1J
39
5-349
Rough pasture.
XIX. 16.
40
4-224
Pasture.
Carried forward.
371-400
TOWNSHIF
OF ELVET (detached, NO. 2). 65
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
371-400
Brought forward.
XIX. 16.
41
14-866
Arable.
>?
42
14-665
Arable.
XIX. 15.
43
18-014
Pasture, <fec.
jj
44
18-574
Pasture.
XIX. 16.
45
•837
Arable.
,,
46
3-500
Wood (fe furze.
,j
47
10-985
Pasture.
,j
48
8-668
Rough pasture.
,,
49
16-469
Wood.
XIX. 15.
50
•905
Wood.
,j
51
•542
Wood.
•»
52
12-243
Arable.
53
10-705
Pasture.
,,
54
9-907
Arable.
,.
55
•810
Pasture, (to.
,,
56
4-813
Pasture.
,,
57
•215
White House.
XXVI. 3.
58
•473
Yard & laue.
u
59
•173
Houses & yard.
XIX. 15.
60
10-549
Pasture.
)>
61
21-606
Wood (Whitehouse Wood).
XXVI. 3.
62
•304
Wood.
XIX. 15.
63
20-541
Arable.
XIX. 16.
64
19-736
Pasture.
,.
65
9-479
Pasture.
,,
66
10-367
Pasture, wood, &c.
,,
67
4-384
Pastui-e.
,,
68
5-054
Wood.
69
4^193
Pasture, furze, &c.
„
70
5-995
Arable.
„
71
2^031
Wood.
^.
72
9-531
Arable.
73
4-093
Pasture <fe furze.
,,
74
•914 ; Wood.
.,
75
5-273 1 Pasture,
!
76
5-654 1
Arable.
,,
77
-685
Wood.
78
4-240
Arable.
,,
79
5-038
Pasture.
J.
80
2-232
Pasture.
^^
81
5-010
Arable.
.,
81a
•637
Lane.
,,
82
3-387
Pasture.
>i
83
20-863
Rough pasture, &c.
!
84
13-632
Rough pasture, etc.
1
85
6-959
Pasture, <fec.
•'
86
5-282
Arable.
1
87
15^788
Arable.
1
88
•496
Yard, &o.
" 1
1
1
88a
•583
Bridle road.
Carried forward.
743-306
66
TOWNSHIP OF ELVET ( DETACHED, NO. 2).
No.
Area
No. of Sheet.
on
in
Description.
Plan.
Acres.
743-306
Brought forward.
XIX. 16.
89
•382
Stotgate, house, yards, & gardens.
,,
90
1152
Pasture.
91
■032
Garden.
92
•216
Arable, (fee.
93
•129
Tethercat Hall, house & garden.
94
8^272
Pasture.
95
8-408
Arable.
96
10-828
Arable.
96a
•125
Pond.
97
4-576
Pasture.
98
•105
Wood.
99
12^629
Arable.
100
9-630
Arable.
XXVI. 4.
101
13-236
Arable.
101a
•026
Wood.
XIX. 16.
102
7-546
Pasture.
^^
103
6-543
Arable.
XXVI. 4.
104
8-586
Arable.
.^
105
10-494
Arable.
106
11-071
Pasture.
.,
107
9-013
Pasture.
„
108
8-111
Arable.
109
3-790
Arable.
]_
110
9-568
Pasture.
111
8-503
Arable.
112
7-729
Pasture.
113
•928
Arbour House, houses & yards.
114
•154
Garden.
,,
115
5-572
Pasture.
!,
116
5-480
Arable.
117
5-259
Pasture.
118
•114
Lane.
XIX. 11.
118a
•964
Public road.
}■/
119
4-290
River Browney.
926-767
RECAPl
921-388
TULATIOK
1 Land.
-904
' Public road.
4-415
Water.
Area of the Township of Elvct
926-767
(Detached, No. 2).
1
TOWNSHIP OF EL^T:T.
67
RECAPITULATION FOR THE TOWNSHIP.
3728-174
57-902
22-866
82-153
Land.
Public roads.
Railways.
Water.
3891-155 1 Total Area of the Township of
i Elvet.
WARDS (OF THE CITY).
72-572
210-217
311-557
594-346
St. Nicholas Ward.
North Ward.
South Ward.
Area of the Wards of Durham City,
in the Comity of Durham.
68
PARISH OF ST. OSWALD.
GENERAL RECAPITULATION.
Page.
Area of
Parts of
Townships.
Total Area
Of
Townships.
7
13
30
35
43
49
'547-231
894-223
1086-337
3682-358
504-867
1378-608
49
1441 -454
1441-454
50
62
64
2695-547
268-841
926-767
67
3891-155
3891-155
11984-779
Township of
Broom.
Frainwellgate.
Crossgate.
Shincliffe. [Div.
Suuderland Bridge, Sunderland Bridge
Sunderland Bridge (Croxdale District).
Sunderland Bridge.
Elvet (exclusive of detached portions).
Elvet (Detached, No. 1).
Elvet (Detached, No. 2).
Elvet (including detached portions).
Total Area of the Parish of St. Oswald.
RECAPITULATION FOR THE PARISH.
.S <
11404-445
233 067
198-838
148-429
11984-779
8751-009
2686-539
547-231
11984-779
Land.
Public roads.
Water.
Kailways.
Total Area of the Parish of St. Oswald, in
the County of Diu-ham.
Area in Chester Ward.
Area in Easington Ward.
Area in Darlinwton Ward.
Note. — The Parishes of St. Mary-le-Bow, St. Mary-the-Less, and
St. Nicliolas ; the College (Extra Parochial), and the Castle and Pre-
cincts (Extra Parocliial), all in the City of Durliarn, are published with
the Plans of St. Osw.dd Parish, on Siieet XXVII. 1.
Chester-le-Street Township (Dotaclied, No. 5a) is situated in the
Township of Framwellgate, Parish of St. Oswald, and published with
tlie l*laiis of that Parish on Sheet XX. 5. — The Area is given with the
Book of Reference of Chuster-le-Street Parish.
PARISH OF ST. MAEY-LE-BOAY.
COUNTY OF DURHAM.
TOWNSHIP OF NORTH BAILEY.
No. of Sheet.
No.
on
Plan.
Area
in
Acres.
Description.
XXVII. 1.
J)
1
2
1
( 10-928
I -880
2-358
Town.
Streets.
River Wear.
14-166
■ ■■ 1
RECAPITULATION.
10-928
-880
2-358
Land.
Public roads.
Water.
Total Area of the Parish of St.
Mary-le-Bow (City of Durliam).
14-166
PAEISE OF ST. MAEY-THE-LESS.
COUNTY OF DURHAM.
TOWNSHIP OF SOUTH BAILEY.
No. of Sheet.
No.
on
Plan.
Area
in
Acres.
Description.
XXVII. 1.
1
( 3-693
( -465
4 158
Town.
Roads in town.
Total Area of the Parish of St.
Mary-the-Less (City of Durham).
PAEISH OF ST. NICHOLAS.
COUNTY OF DURHAM.
TOWNSHIP OF ST. NICHOLAS.
No.
Area 1
No. of Sheet.
on
in
Description.
Plan.
Acres.
XXVII. 1.
1
7-682
Pasture.
»
2
-404
Houses, yards, &c.
))
2a
8-883
Pasture-
)>
3
-237
Houses, yards, &c.
))
4
2-526
Pasture.
JJ
5
•044
Houses, &c.
)>
6
2-705
Pasture.
)»
6a
1-815
Arable.
}}
7
•066
Garden.
8
f 34-581
3-765
Town.
»
Roads in town.
))
9
1023
Road.
>»
10
8-412
River Wear.
}>
10a
■429
Mill-race.
72-572
RECAPI
TULATION.
58-943
Land.
4-788
Public roads.
8-841
Water.
Total Area of the Parish of St.
72-572
Nicholas (City of Durham).
•■
THE COLLEGE.
(EXTRA PAROCHIAL).
COUNTY OF DURHAM.
No. of Sheet.
No.
on
Plan.
Area
in
Acres.
Description.
XXVII. 1.
1
2
{ 21-492
( -223
5-974
Town.
Roads in town.
River.
Total Area of the College (extra
parochial — City of Durham).
27-689
THE CASTLE AND PEECINCTS.
(EXTRA PAROCHIAL).
COUNTY OF DURHAM.
No. of Sheet.
XXVII. 1.
Acres.
8-256
•038
1121
9-415
Description.
Town.
Streets in town.
River Wear.
Total Area of the Castle and Pre-
cincts (ex. par. City of Durham).
INDEX TO PLACES
PARISH OF ST. OSWALD.
COUNTY OF DURHAM.
Name of Place.
Annie's Wood . . .
Ash Gill
Aden Cottage .
Aykley Heads . .
Aid in Grange . .
Arbour House .
Aldingrange Bridge .
Auton Field ....
Auton Stile ....
Auton House . . .
Bedbriar Bank . . .
Butterby Mill (paper)
Butterby ....
Blagden Beck . .
Brovvney Bridge .
Butterby ....
Brick & Tile Works .
Burnhall
Butterby Haugh . .
Bracken Hill . .
Borehole Wood . .
Bear Park ....
Bent House ....
Bell's Folly ....
Butterby Lane T.P. ,
Blaids Wood . . .
Bucks Hill Plantation
Butterby Lane . .
Baru Bank ....
Butterby Wood . .
Butterby ....
Black House
Bath Cottage .
Blind Lane Cottage .
Baxter Wood .
Broom Hall
Broom
Baxterwood Gate . .
Broom Lane
Bishop's Grange .
Black Dean ....
No. of Sheet.
inch scale.
25-344
in. scale.
XXVIL
XXVI.
XIX.
XX.
XXVI.
XX.
XXVIL
XXVI.
xix.
XXVIL
XXVL
XX.
13
8
16
13
4
4
4
4
4
4
9
13
13
13
13
9
9
9
9
3
12
16
2
5
5
5
5
5
5
10
10
1
1
1
4
4
4
4
4
5
5
Descriptive Remarks.
A farm-house.
A mansion.
A farm-house.
A farm-house.
A small farm-house.
A farm-house.
A farm-house.
An old manor-house.
A mansion.
A farm-house.
A farm-house.
A smaU dwelling-house.
A farm-house.
A farm-house.
A hamlet.
A farm-house.
INDEX TO PLACES.
75
Name of Place.
Black Dean Burn .
Blackdean Bridge .
Brasside Quarry .
Brasside Pit (coal)
Bostley Wood . .
Carr House . • .
Croxdale Hall . ,
Croxdale Mill (corn)
Croxdale Beck .
Croxdale Wood
Crime Wood
Cherry Gardens .
Croxdale Pit (coal)
Croxdale Wood House
Croxdale Wood
Cooke's East Wood
Cooke's West Wood
Chib Lane . . .
Crossgate Moor
Crook Hall . . .
Cater House . .
Carr Plantation
Deerness Bridge .
Dark Wood . . .
Durham ....
Durham Water-works
Diyburn
Durham Moor Houses
Elvetmoor House
Elvet Hill .
Elvet Cottage
Elvet CoUiery
Elvet Moor .
Elvet Banks
East Moor Leazes
Framwellgate Moor .
Framwellgate Moor Colliery
Farewell Hall . . .
Farewell HaU Wood .
Frankland Wood . .
Frankland Park .
Framwellgate Brick
Tile Works . . ,
Frankland ....
Framwellgate Moor .
Framwellgate Moor .
Framwellgate T.P. .
Frankland Lane . .
No. of Sheet.
inch scale.
XX.
XXVIL
XXVI.
x'ix.
XXVII.
XX.
XXVII.
XXVI.
XX.
XXVII.
XX.
))
XXVII.
XX.
XXVIL
»
XX.
>>
XXVII.
XX.
25-344 1
in. scale.
Descriptive Remarks.
5
5
10
10
6
9
13
13
13
13
13
13
9
9
9
16
1
1
13
14
1
1
6
13
13
5
5
5
5
5
1
10
9
9
9
9
14
14
13
13
13
13
13
A farm -house
A mansion.
A farm-house.
A city.
A mansion.
A cottage.
A mansion.
A dwelling-house.
A farm-house.
A farm-house.
A farm-house.
A village.
A district.
76
INDEX TO PLACES.
Name of Place.
Frankland Park .
Ford Cottage . .
Fraukland Wood .
Frankland Pit (coal)
Fiuchale Wood . .
Fiucliale Priory (in rnius
Ger.ard's Gill
Great High Wood
Hag House .
Herds House .
High Houghall
Harbour House
Holmhill Lane .
Houghall
HoUinside .
Houghall Pit (coal)
High Wood . .
Hollinside Wood
Hamilton Cottage .
Houghton Hole
High Carr House
Hopper's Wood
Harbourhouse Park
Harbourhouse Moor
Herds House .
Hill Top ....
High Croxdale .
Hollinside Cottage
Low Newton
Ladypark Wood
Littlewood Bank
Low Haugh . .
Low Buruhall .
Long Wood .
Little High Wood
Low Brassido Moor
Mount Oswald Cottage
Mount Oswald . . .
Mountjoy Cottage
Maiden Castle Wood .
Millhill Lane . . .
Mill Wood ....
Moorsley Banks Paper-
Mooi'sley Banks .
Moorsley Banks . .
Newton Grange
Newton Hall . . .
ill
G
25-344
Descriptive Remarks.
iacti scale.
in. scale.
XX.
13
A farm-house.
»
5
10
10
))
G
)»
G
XXVII.
13
»
5
XX.
9
A farm-house.
XXVII.
13
A farm-house.
)'
9
A farm-house.
XX.
1
1
A farm-house.
XXVII.
5
A mansion.
,,
5
A cottage.
„
5
>>
5
)>
5
6
6
XX.
)J
1>
J)
13
13
5
5
A farm-house.
>>
10
A small dwelling-house.
XIX.
15
XXVIL
14
A farm-house.
XIX.
15
XX.
9
A farm-house.
XXVII.
13
))
13
)>
13
,,
9
A farm-house.
XX.
1
XXVII.
5
XX.
10
XXVIL
5
97
5
A mansion.
))
5
5
5
G
XXVL
4
))
4
A farm-house.
a
4
XX.
1>
9
9
A farm-house.
INDEX TO PLACES.
77
Name of Place.
Nickynack Beck .
North AVood . . .
Nickynack Bridge
North Eastern Kailway
Neville's Cross . .
Neville's Cross Cottage
Nasf's Fold ....
Old Durham
Old Durham . . .
Oswald House .
Old Durham Colliery
Old Durham Beck or
River Pittina
Pity Me . . . ,
Peewit Mires .
Potterhouse Lane .
Paper Row .
Pelaw Wood Hoiise
Pelaw Wood Beck
Potter Bank . .
Potter Bank T.P. .
Pit Cottage
Pelaw Wood
Park House . .
Pit Lane ....
Quarry House . .
Quarryhouse Lane
Red House . .
Red Briar .
Redhouse Wood
Redhouse Gill .
Rushy Bottoms
River Browney
River Wear . .
Relley Gill . .
River Deerness
Relley Wood
Red House . .
Red Hills . .
Relley Paper Mill
Relley . . .
Shepherdson's Close
Stank Lane .
Sunderland Bridge
Sunderland Bridge T.
Skip Beck . .
Southeruclose Wood
No. of Sheet.
inch scale.
XXVII.
XXXV.
XXVIL
XX.
XXVII.
"
XX.
XX VL
XXVII.
XX.
XXVI.
XX.
XXVIL
XXVL
XXVII.
XXVL
XX.
9
»»
9
XXVII.
13
13
13
13
25-344
in. scale'
Descriptive llemarks.
13
9
1
10
1
1
5
2
2
5
6
9
9
9
8
2
2
5
5
1
1
G
13
4
4
9
9
9
9
13
13
9
A district.
A mansion.
A small hamlet.
A farm-house.
A farm-house.
A small farm-house.
A farm-house.
A farm-house.
A district.
A farm-house.
A village.
A dwelling-house.
78
INDEX TO PLACES.
Name of Place.
SaltweUGUl . . .
Stonebridge Mill (corn)
StonebridgeT.P. . .
Stotgate
St. Ciithbert's Cottage
Shincliffe Colliery . .
Shincliti'e Grange . .
Shincliffe East Grange
Shincliffe West Grange
Shincliffe High Grange
Shincliffe Moor House
Shincliffe Low Grange
Shincliffe Station . .
Shincliffe Moor . . .
Strawberry Lane .
Shincliffe Hall . . .
Shincliffe Wood . .
Southstreet Banks
Shincliffe ....
Shinclitfe Bridge . .
Shincliffe Mill (corn) .
Sherbnrn House .
Shincliffe Park . . .
Shincliffe Bottoms
Spring WeU. . . .
Stockley Heugh
South Wood
Spy Hill
Skip Beck ....
The Rookery . . .
The Heugh ....
The Island ....
The Level Runner
The Folly ....
Tethercat Hall . . .
The Pine Apple P.H.
The Duke of Wellington
P.H
The Woodman Inn
The Rose Tree P.H. .
The Railway Tavern
The Scrogs ....
The Three Tuns P.H.
The Pot (fe Glass P. IT,
Ushaw Moor
Union Hall .
Viewly Grange . .
Woodb'ne Cottaifo
No. of .Sheet.
6
25-344
Descriptive Kemarks.
inch scale.
in. scale.
XXVII.
9
XXVI.
8
»
8
XIX.
16
A farm-house.
XXVII.
5
10
10
A dwelling-house.
10
A farm-house.
10
A farm-house.
10
A farm-house.
10
A farm-house.
10
A farm house.
XX.
XXVII.
XXVI.
XIX.
XXVII.
XX.
XX VL
XX.
10
10
10
10
10
1
6
6
6
6
6
6
13
5
5
5
14
13
13
9
o
t)
12
10
2
1
6
6
13
4
4
3
10
5
9
A village.
farm-house,
farm-house.
A farm house.
INDEX TO PLACES.
79
Name of Place.
Woodhouse Lane . .
White House . .
Whitehouse Lane .
Western Cottage .
White Smocks T. P. .
West House . . .
Windmill Hill Plantation
Whitwell Beck . . .
Windy HiU . . . .
Western Lodge
Whitehouse Wood
White House .
Wall Nook . . . ■
Wallnook Bridge . .
No. of Sheet.
inch scale.
i 25-;U4
lin. scale.
XXVII.
xxVi.
XIX.
XXVII.
XX.
XIX.
13
9
3
16
16
5
5
10
1
13
15
15
11
11
Descriptive Remarks.
A cottage.
A dwelling-house.
A dwelling-house.
A small hamlet.
APPENDIX II.
Extract from the '' Repoet of the Progress of the
Ordnance Survey," cVc, to ^Ist Dec, 1862.
GENERAL STATEMENT OF PROGRESS.
"The survey of Eugland and Wales will be finished by the end of
the present month [March, 1863], and we shall shortly publish the
complete map of England and Wales on the one-inch scale.
"The survey of the United Kingdom has therefore reached a stage
which makes it necessary that a brief review should be given of its
histoiy and progress in England, Ireland, and Scotland, in order that
Government and Parliament may have a clear view of Avliat has already
been done, and of what is still requu'ed to make the National Survey
complete.
" The map of England and Wales, on the scale of one inch to a mile,
was commenced in 1784, for the purpose of providing a military
topographical map ; and, in 1824, this map was finished for all the
southern counties of England and Wales, and as far northward as the
southern borders of Lancashire and Yorkshire.
"At this date a general survey of all Ireland on the scale of six
inches to a mile was ordered to be made, to serve as a basis for the
general valuation of the country ; but the plans of some of the northern
counties were made incomplete as regards the fences and other minor
details. This has led to the necessity of a revision of the plans of
those counties, to enable the valuators to make a complete property
and tenement vahiation in them.
"The loss to the Government from the jjlans not having been made
perfect in the fiist instance is thus stated by Sir Richard GriflBths,
the Chief Valuator in Ireland, in his letter to Lord Wrottesley of the
8th April, 1858, which is printed in the Appendix to the Report of the
82 EXTEACT FROM EEPORT ON
Royal Commission on the Survey : — ' Had the tenement valuation been
' completed in those five (northern) counties, the receipts by the public
' for income-tax alone (calculated at the rate of 7d. in the pound)
' would have exceeded the amouut collected under the poor-law
' valuation by about £48,000 a year.'
•'The sum expended on the survey has therefore been very advanta-
geously laid out; for as the area of these five counties is 5,838 square
miles, whilst the area of all Ireland is 32,516 square miles, it follows
that the produce from the income tax alone in Ireland has been
£264,000 per annum beyond what it would have been witliout the
survey, and consequently that the sum of £1,043,511, which is tlie
amount which will be expended upon the survey of Ireland up to the
31st March instant (including the cost of the one-inch map), and more
than has been expended upon the survey of the United Kingdom, has
already been repaid into the Imperial Exchequer.
"In 1840 the survey of Great Bi'itain was resumed, and the plans of
Yorkshire and Lancashire in England, and of the counties of Edinburgh,
Haddington, Fife, Kinross, Wigton, Kirkcudbright, and the Isle of
Lewis, in Scotland, were published on the six-inch scale, the plans
being in all respects like the plans of Ireland, excepting that in Ireland
there are 07,000 townlands, generally co-extensive with private pro-
perties, the boundaries and areas of which are engraved u^^on the plans,
and which give the six-inch plans of Ireland a value which they
can never have in England or Scotland, where there are no corres-
ponding territoi'ial divisions.
" In consequence of the dissatisfaction of the public, more especially
in Scotland, with the six-inch plans, two Committees of the House of
Commons were appointed to report upon the question of the proper
scales for the Ordnance plans ; and, in 1858, a Eoyal Commission was
appointed to report upon the same subject. The result of all these
inquiries lias been, that the following scales have been finally decided
on as the most proper for the National Survey : —
"Town.s having 4,000 or more inhabitants — g^ of the linear
measurement, which is equivalent to 126-72 inches to a mile,
or 41§ feet to an inch.
" Pari.shes (in cultivated district.s) — =y^Q^ of the linear measure-
ment, which is equivalent to 25*344 inches to a mile, or 1
square inch to an acre.
ORDNANCE SUEVEY. 83
** Counties — six inches to a mile,
"Kingdom — general map, one inch, to a mile.
" See Treasury Minutes of the 18th May, 1855, and 11th September,
1858.
"Since then the survey of Northumberland, Cumberland, West-
moreland, and Durham, and all the southern counties of Scotland,
with Perthshire, Forfarshire, and Dumbartonsliire, has been made upon
these scales, and is proceeding in Kincardineshire, Aberdeenshire,
Buteshire, and Argj'llshire. In addition to the surveys already
enumerated, very extensive surveys have been made for military
purposes, the most extensive of which is that in Hampshire, embracing
a large area round Portsmouth and the whole of the Isle of Wight.
The survey round London, and along the valley of the Thames,
extends from Kingston to below Sheerness, with an average breadth of
10 miles. A large area has also been surveyed round each of the
following places, viz. ; — Devonport, Pembroke, Dover, Portland, Tor-
bay, Newhaven, Harwich, and Shoreham; and the plans of all these
places have been made, in obedience to the orders of the late Lord
Herbert, on the scales adopted for the National Survey, and as parts of
a complete plan of the several counties in which the places are
situated.
" The arrangement for the publication of the plans being as follows : —
"The plans of the Coimties on the six-inch scale are made on sheets
to join together, as the sheets of the one-inch map do, to form a
perfect plan of each county ; the area represented on each sheet being
six miles by four miles.
"The sheets of the plans of the Parishes on the 25V0 scale also join
together to form a perfect plan of each parish, each sheet representing
an area one-and-a-half miles by one mile, or the sixteenth part of tlie
area represented on the county plan, and they have numbers on them
referring both to the county and the parish plan, as XXI. 13. A
Book of Reference containing the area of each enclosure is published
with the plans of each parish.
"The plans of the Toinis on the -g^ scale, are arranged in like
manner, so that 25 sheets of the town plan represent the same area as
is on one of the sheets of the parish plan.
"Nearly every country in Europe, excepting our own, has a com-
plete Cadastral Survey, but no such perfect arrangement as the above
I
84 EXTKACT FROM EEPOET ON
has beeu adopted in any other country for the publication of their
surveys, and yet the produce of the sale more than covers the cost of
publication.
"The survey of the northern counties of England upon the large
scales mentioned being finished, it is necessary that Government and
Parliament should come to a decision upon 'the expediency of ex-
' tending the Cadastral Survey over those portions of the United
* Kingdom that have been surveyed upon the scale of one inch to the
' mUe only. '
"This question has already been submitted to a Committee of the
House of Commons, of which Viscount Bury was Chairman ; and the
Report of this Committee contains the following resolutions : —
" 'That it is desirable that the Cadastral Survey, on the scales
' directed by the Treasury Minute of the 18th May, 1855, and recom-
* mended by the Royal Commission of 1858, and again directed by tne -
' Treasury Minute of the 11th September, 1858, be extended to those
' portions of the United Kingdom which have been surveyed on the
' scale of one inch to the mile only.'
'"That it is desirable that the survey should be conducted as
' rapidly as possible, and that the sum voted for the survey should not
' vary in amount from year to year, as the frequent c^ anges that have
' been made in the scales, and the mode of conducting the survey, have
' led, according to the evidence of Sir Henry James, to the waste of
' £30,000 in the course of the last 10 years.'
" ' That it has been stated in evidence by the Director of the Survey,
'that an annual grant of £90,000 would enable him to complete, in
* 21 years, the north of England and Scotland and the Irish revision
' on the scales now in progress, and the south of England on the scale
' of 77^577 : and that he has further stated that the survey might be
'completed in 12 years if the grant were increased to £150,000, thereby
' ultimately effecting a considerable saving. '
"Although the valuation of Ireland has been made with the Ord-
nance six-inch plans as a basis. Sir R. Griffiths states that a great
saving would have been effected had the plans been also drawn on the
25-inch scale, as they now are in England and Scotland. The plans of
Ireland liave been used for a great number of other important public
purposes, such as the drainage of extensive districts, the statistics of
agriculture, <fec.
ORDNANCE SURVEY. 85
"The Judges of the Landed Estates' Court are now furnished with
accurate and authoritative plans of the properties to be sold. If a
larger scale than six inches to a mile is required, the plans are replotted
on the 25-inch scale from the field-books of the original survey, but
they are revised by the ordnance surveyors up to the period of the sale.
The surveyors at the same time furnish certain information required
by the Court respecting the property to be sold. The cost of preparing
the plans, (fee. , is paid out of the proceeds of the sale of the estates ; and
this arrangement works in a most satisfactory manner, both to the
Judges of the Court and to the public, and it entails no expense upon
the Government.
"Since the Committee, of Avhich Viscount Bury was Chairman,
made their Report, a Bill has passed through Parliament to facilitate
the transfer of property ; and it contains the following clause : —
' ' ' The identity of the lands with the parcels or descriptions contained
' in the title-deeds shall be fuUy established ; and the registrar shall
* have power, by such inquiries as he shaU think fit, to ascertain the
' accuracy of the description and the quantities and boundaries of the
* lands ; and, except in the case of uicorporeal hereditaments, a map or
* plan shall be made and deposited as part of the description ;'
and it cannot i "! doubted that a similar arrangement to that which
exists in Ireland, would greatly facilitate the working of the provisions
of this new Bill.
"The new Bill for the Parochial Assessment would also seem to
require an accurate plan of each parish, to enable the assessors to make
an equitable adjustment of the incidence of the local taxation ; and
appUcation has been made to Government by the magistrates of
Dorsetshire for such plans to be made.
"If Government and Parhament should decide on adopting the
recommendations of Lord Buiy's Committee, the surveyors might be
most advantageously first employed in completing the survey of the
Metropolitan counties and of Hampshire on the large scales, and the
order in which the survey of other counties is to be taken up having
been decided upon, a portion of the surveying force might be properly
employed on the revision of the one-inch map in those parts of
England and Wales the detail survey of which Is not to be taken up
for some time to come. But if the recommendation of Lord Bury's
Committee should not be adopted by Government and Parhament, we
86 EXTKACT FROM REPORT ON ORDNANCE SURVEY.
should employ a part of the surveyors now engaged on the milLtary
survey round London, and of those in Northumberland and Cumber-
land, in the north of Scotland, and a large party on the revision of
the one-inch map of England and Wales.
"The average number of impressions taken annually from the
one-inch engraved plates is 200 ; and previous to the adoption of the
electrotype process for multiplying plates, the engraved plates became
very much worn, and the hill features to a very great extent obliterated,
more especially in those parts where the engraving was light, to
express the less prominent features of the ground.
" Since the adoption of the electrotype process, this deterioration has
been arrested, as we now take dupUcate plates from which to print ;
but the restoring of the obliterated features of the ground, the insertion
of the latitudes and longitudes on the marginal Unes, and tlie insertion
of the railroads and other details, such as the new roads, houses, &c.,
required to make the map complete, is so formidable an undertaking,
and requires so large an expenditure of time and money, that up to
the present time we have only inserted the latitudes and longitudes,
the railroads, and such details as we have been able to obtain a survey
of from the military and other special surveys ordered by the Govern-
ment in different parts of the country, and repairing the hill features in
a partial manner upon some of the plates which have been most worn.
"We considered it the most judicious course to devote the money
granted for the survey to the completion of the maps of the northern
portion of the kingdom in the first instance, and after we have received
the decision of the Government and ParUament upon the question of
proceeding with the Cadastral Survey, to take up the revision of the
old maps in a systematic manner. The time has at length arrived for
this ; and whether the Cadastral Survey proceeds or not, a portion of
the grant should be devoted to the revision of the one-inch map ; but
to revise the one-inch map, and then immediately afterwards to make
a detail survey of the same ground, would be to throw away every
shilling expended upon the revision.
"The number of plans printed in the year 1862, was 203,910."
******
Ordnance Survey Oflfice, (Signed) Henry James,
Southampton, 13th March, 1803. Colonel, Royal Engineers.
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