98 History of the English Landed Interest. 



learned President of the Incorporated Law Society viewed this 

 question of public registration with such strong disapproval, 

 as is expressed in the following extract of his inaugural ad- 

 dress : — 



" I hope that if the Land Transfer Bill should be again 

 introduced into Parliament, it will not be framed so as to 

 endeavour to impose on the country a system of compulsory 

 registration, which would, I feel sure, be found an intolerable 

 burden, not only to those who already own land, but also by 

 those who desire to acquire it, and by those whose business 

 it is to see to its being properly transferred, and that is prac- 

 tically the whole community. The transfer of land has been 

 much simplified by the recent Conveyancing Acts, and I think, 

 if these Acts are allowed a fair trial, titles before long will be 

 much shortened, and the transfer of land will be more easy 

 than it is at present." 



But in Dr. Chamberlaine's days not only were the Con- 

 veyancing Acts non-existent, but the practice of Common 

 Recoveries was in full swing.^ In fact, since the date when 

 the judgment in Taltarum's case had been so cunningly worded 

 as to encourage the future adoption of some such artifice for 

 barring the issue in tail, Common Recoveries had received the 

 full recognition of the law. They had so strong an operation 

 that if even before the statute of 32 Hen. VIII. cap. 31, a 

 writ of prmcipe had been brought against a tenant for life, 

 and recovery suffered, it would have been binding on those 

 m remainder. Then also after, if not before, the statute of 

 14 Eliz. c. 8, if a tenant for life had let for years to one who 

 made a feoffment, and a pra3cipe had been brought against the 

 feoffee, and he had vouched the tenant for life, this would 

 have bound the remainder.- Now though these two statutes, 

 and that of 7 Hen. VIII. c. 4, undoubtedly afford a constitutional 

 recognition of the practice, yet in the application to it of the 

 term " Feigned Recoveries " a reflection is cast, as though those 

 who worded the Acts were fully alive, not only to the abuses 



' Many cases are cited in A Treatise of Common liecoveries. N. Pigott, 

 173'J. 

 '■' Id. Ibid. 



