THE AGRICULTURAL GAZETTE. 
` 
ee 
2 Credit, one of the cons equence s of which 
me public 
— two-thi ithin ots * to eben i inten to a certain amount. 
el land transferable from hand to hand, and constitute a 
d useful species R 8 The system has 
st actical ao I bel ve, for nearly 100 years ; and 
er emen, I do not ask you to 3 3 
; i untry in the same form in which they are 
> * countries. But I bring these 3 before 
t ay w 
u igh 
eof them in your own way. gh ti kive 
ete and wishes as bier civilised nations. You 
t to the e advantages, and ber, you 
them if you The principle of insurance 
of titles, which — 8 10 you in my last lecture, 
* 
at Be ts tise in chi itry before I knew it was 
though le to titles i is country befor newi 
— . — l practice at Pana and I believe in some 
r to reject 
r strengthens my argument in its favour 
Borely find that it is not only fonna —— but is 
Ag — for e insurance of their titles ta: “eats 
try. 
Why not adopt it in districts, in counties and pa- 
— 58 24 and Wales, as regards titles. The 3 
any assistance you asked, an ly con- 
. as good men of business as 2 8 people 
or as any Dutchman, high or A w, although in 
SaS as way behi nd them, But ink you will be- 
oe a commercial people. The a then, 
Sat tanto as to the value of land is, that it is in this 
. * our defective practice of eo nveyaneing 
1 than th any other country of Europe. There is 
secure, there are m ore persons sige of purchasingit. If 
the landowners please it is in their ower very 8 to 
3 meee, thei spray benefit 
the whole com: 
Now, 5 o — 51 — e general observations, I wish to men- 
tion one or two alterations which, I submit to you, should 
accompany th 
I, MopE oF t —The first, and perhaps the most 
83 8 which should 3 ny it is a 9 in 
the araras 3 You 
emen, 9 the usual mode of paym for pr 5 
f: and for perusing abstract is by the WASU 5 the instru- 
went drawn or perused. Now, I think this is n w very gene- 
„ The of care and labour mainly depends on the 
ints and — — = the neration is co but the only 
d no 
ome doc cuments must, ideaa. be loug; 
many may elbe hrt but all should be the fr uit of labour 
of 
bate yof each brane ‘of t the profession is fre 
mean "the, institution called Credit.“ 
more capital to 1 it than in any other country, and if m 
the law of transfer e made easy, and titles made simple and 5 
93 
in what we find a uniform system of transfer—I mean the 
err tenure. Now there are great disadvantages in this 
| tenure which are e being remedied, although slowly. But, for 
: = ew ioe c opyhola system has. 
à erely mention. this 
as ne lay j r the of what I ropose T nee : 
Englan and Scotland—that he hi his 9 7 the Scotch out of Englaud. Under * manorial te tenures the Sooty 
is : ed into distri ned by a unitorm law the x 
| lands were transferred by an act in court, th 
which is contained on heme court rolls, that is to Say the 
i th e for M if 
been partially a rog by some respectable offices in 2 . coun- 
try, although, for any general or ee gees te 1 
hend legislative sanction would be necessary 
ention th i ine, i 
No 
5 s 
e the lawyer who has 
e Bes as the English W was much higher in amount always most e * ims o the feeli if 
n his, although the settlement was Mack shorter ; and ever | would very soon adapt himself i rms, a 
ase that my tri end has — i strong advocate for an ad which there are nany resent indicati i a 
pe i 
he ent. practi 
, gentlemen, I will frankly tell you that it is on no small | is only one way, as I 
lie of ovine z professional bills that I have undertaken to | Ther e should be proper | persons ay gg em not to consider the 
bring these matters be fore you. Economy in these e ee . propriety r as to this 5 a agreed, but 
should be fairly attended to, but this is far f 1 being N clothed with a uthority to short ei them themselves, And here 
principal point. grim in point of time the 5 5 aud sim- I will call your attention for a moment i 
plicity of the title are far more important. The expense, i ference with res 
these be secured, does ‘hod deter persons from bagi land. | men the con 
Take, for instance, Beigium, muons the buying and selling land fession. All other departments f 
eople, w and Pleaders and pleadings, whether of law or equity, have been 
in the country changes Benda once in 15 years, which is of and ju cti 
3 not true as to certain 1 but is made up it is said by | luments of the bar 
lands. Admi i 
= 
f oth d i 
xaggeration, but prede n be no doubt that the traffic in n land | the learned body of conveya 2 
is enormous. Wel ll, in this country phe expenses are very high | no control whatever ; 
ge at 10 per cent., and they must come | but they make the law which all other 
to 77 per cent., stam mp duty and all i inſeu ied; but then this | their doubts must be respecte} having thu 
is a certain expe nse—iti is calcula ated by the person laying out ree other men’s certainties, It is fortuna ý 8 
is money, and him from investing it iu land. | country tk tthe; absolute power with such mode- 
Then, agaia, in Pru ssia, the usual expense is much les ss, being TAM, 8 it m ight become a question er i i 
usually only one ‘per cent., and yet there is not nearly so | all othe eee of her Majesty to confide it 
much traffic in land a in Belgium, so that the e expen even an act of parliament can reach them, as, for instance, Lord 
d called 
2 pro- 
pe l 
3 r it be an rsons | ndhurs 
m dealing ia land. I believe the la sums that a now | plify the transfer of property,” but the convey 
paid would be willingly bas if Bene parties could bes dated the | told his 3 that — — not attend to it, a 
which | obliged t another mor 
ciety, the ruinou 
pe d the of th 1 This F. 
is the great cause of griev ance, and although | 3 of conveyancing were placed under the 5 ve 
itis right and fair that they should ste ie looked to and r El som n Proper body of men, who s should be 
dered more moderate and better proportioned to the pr arty: time to time mig a d 
The . gentleman then pointe out the importance suficient, and that these forms tor ve ree of the 
of pase seg the form 3 of t transfer, and of r i me kind et has been habe n to ar E mh rainy rocess § 
e general lien of judgments On the a raes of the stamp issued. Th many form: may be 3 and e j 2 
duties, 8 observ wit ; that many 5 e shortened 
The next 1 which should ey the eee x believe ; bat u nless you E hae some legislative authorit 
ill ever be 
ow, it would only He setae according to precedent if the 
on | be f 
he burdeas of land. Here agaia, a s has been repeatedly | sider the present state of our law as to this. I find it well 
proved, the law tends t dealings with land, | stated in a publication by E learned friend, Mr. Serjeant- 
whether by sale or mortgage. Above 1000 the ad valorem Manning. ee, suys that a any buyer of ined is subjected to 
duty amounts to II. per cent., but below that 7 instead useless expense, an sometimes to protracted iti ; 
of being PNT or equal, it is higher, and in Bais _ sums | (oceasioning necessarily, though indirectly, a reduction 4 
amou 0 I e j 
W. oan Vi 1 
say aa) 75 present on the unfairness and i eee 2 this a remote chance of e land upon which they have 
3 t I will ask t thus he been unable or have neglected to obtain a direct charge. 
ee the stamps on deeds has an for . years This heavy burden upon real property, while it tends 
25805 1,500,000 l., sometimes and sometimes less. It to lessen the number of years’ purchase for which land 
cann known exactly wade proportion of this is paid ad in England is saleable, differs from other burdens in 
volorem, But I believe it may Pig stated at one being attended with no corresponding benefit to the par- 
mi ba ties in whose favour — is created. It appears to me that 
No v the + 1 0 be hi h H 
luding tithes, | it g rds: 
mine es, Aae assessed to pi» property tax in England, is | of the statute, and to 3 real property from the lien of 
1 85,000,000 f. judgments, with its attendan s y 
w the E 500 „000 l. is produced as well by personal Property | of registration, and from all questions upon the effect of notice 
8 tre I pr: roperty, ee there ae a great many d an unregistered 9 and all di ties as to taking: 
settlements and others, Tuia re to personal . res | | satisfied judgments off the file, by ¢ declaring that meade shall 
w I will tard hoa bes 852 0002. for the not be bound 2 the writ of execution has been to 
per 5 property, including — uray a deben ntures, aud | the sheriff, and a minute thereof S with the senior —— of 
so on, and lea million e to foni property, | the Court of D on Pleas, in the manner required as to judg- 
Does it not stri ke T "that, whan you consider immense | ments by 1 & 2 Vict., e. — 2 8. 19.7 i 
value of the real property of this country, as shows, oy the pro- IV, IRELAND —And now, gentlemen, perhaps these remarks: 
will just aoa H coa ‘see the ear of landowners in this 
in the your by way of stamp duty, for all the transfers that take | country, who are, I am ured, in a thriving and 8 
1 a We are very much in che dark in all that relates to the state. Let than , howev 55 e that the day of adver- 
mp duties on 55 but it shows most convincingly how | sity may come, and let them consider. But there is a country 
little traffic takes a 57 nd, The value of land, remember, whose interests are all bound up with ours, whose sufferings 
asing as been so at all events for the in fact are ours. In this’ country the way national wealth is j 
last century. This is Pay proved by every abstract of title, | land; ~ it is governed by precis is e same law of pro- i 
for we find usually that more and more is es for the same | perty as exists in England. But in rallude? or n 3 it 
land each time it changes hands. But the stamp duty on is to this part of bya Wee sdom that I a 3 com- 
deeds has not increased, which shows that the traffic is de- pene is, that the the law is su — 55 ne A es as to 
creasing, an at the land i is poing 2 fewer aud fewer the tenure are such — ke @ owner can neither enjoy the fair 
hands. Now, this is no ay ith other branch of the | profits of the land himself nor transfer it to ano He has. 
stamp duti a cies, a 81 8 which, ital! 
s you know, affect only personal property 8 althoug zh has. How much mor e, then, does Ireland 
they affect perty ecause they are claimed that I propose than even England? and most 8 she is 
on all lands directed to be sold. Here w 8 ly ready provided with much of the = hg suitable for giving 
honour. 
Son opm xtent, 
4 b 0 7 —— n even to the suspicion of s 
for their every day 3 But these are 2 a 
my only reasons for saying that the 4 etn system of 
s a bad one. It is of far mor import- 
» though pecessarily paid by this 
ely paid, You will find a 
ee! 
ive a trial untry. mea 
i = tl fthe e property ts alt 
inform a reigns oe — solicitor 
atl wa was by length, he uld hardly 
N T- 
tp e 
: or less perfect abstract is us 
18 conveyed than when a large piece 
or deed i eless in the latter cas ¥ 
in this alteration, I have e 85 
b almos rege in London aad the 
desirabl 
and a 
neur. vines, and more 8 if the mode of remuneration were At the close, thanks were, on the 2 ng Mr. coe 
altered, itse 
t ctio i x id Pres be 
a man concurred with ihe Gad mores na the simple et be. ext i fro) th * i jeant rasane ig we v Proposal for the Amendment of 
ble change, and it has indeed and here I may refer you to an — = — * econ re Bankruptcy,” p. 5 
her the benefit that would arise fro m it, rela nd has already a 
The tables show that the duty on probate and legacies has J 
greatly apr within the last 20 years, but that “the stamp | on ‘the reat saan of the panay a all dealings! in land. It has 
* on deeds has not increased, although real property has | an excellen of the whole country, both of the counties an 
greatly eaten, of the —— 3 ertainl vent with some W onal trouble 
Now most persons agree that a stamp duty, ppan regu- | might be rendered nilai for [conveyancing purposes, t 
lated, is a fair tax, andi is very willingly paid an collected | which I am assured it is already applied. Ireland ha 
with great ease, almost eve ry farthing of it wrie to the | further a system of local courts, already having jurisdictio: 
revenue. Would it not, then, be of great 1 if this over land, which our county courts have not. Ire ha 
TEHE 
tate in this 5 — ‘hited ours bate and le and admi- ing, either in her landowners or in 5 
Airs duty sh oh ould be ch barged on real a Now, I Facility of transfer of her land is called for by all parting ial 
have already said that real estate does not altogether escape | the state, from one end of this island to the other ; and at 
3 duties at present: nor do I think it reasonable that the | publie meeting after meeting resolutions to this effect have 
s of real estate should be called upon to pay this addi- —.— moved, with universal er thing and approbation, Differing, 
ave yon this. 
m some equiv 
ies amc to 7 — fs 2 33 
be 
a v i 
would soon feel the beneficial influence of the pete ly Instead | means, might become a Se ssing to this country and to her- 
of one million thus paid, if the eee principle were self, and not a curse. ia mi 
introduced, ten times more than that su might nor prann 1 je Eon have ami a I have not rashly 1 broug! t P rp pee 
ably be expected to arise from it, and ave would be no tax before you, and it is onl 
3 property asked or more read paid. That shows how | sultation with others, that I have ventured to aha this ‘mode 
— 5 yee is now paid 2A the land for the stamps. We have | of stating my opin — one object is 125 attaine ese 
e property tax returns shows that the annual statements have bee receive & your 13238 
— oe England and Walen,.6 n which that return is made, and have been — atiy iffused + eaten out the country 
is about 85,000,000. If this is nig by 30, you have for the poge s ap T intended., If n 1 13 
something tike the value of the whole land in ying on are mga who e set me right. 5 right, 
e a i even 
II. Forms.—The — — to eee a hag call your matter in vour hands, thanking vou for at nce: 
station ae the forms 85 in use ng deeds of bine and asking of yo u this favour: Objections may me = 
which Lord Redesdale so loudly com 3 vo ere if will be, urged srah tthe whole or part of my piani pee 
ead out on the land conveyed by them, would almost cover | you to pay the greatest attention to them, as I cer nly st - 
s surface. These are only a symptom of the disuse under | myself, but do not regard vague misrepresentations ee m al, 
which this department of the law labours. If the register | denials, which are sometimes t o only weapons, or 
adopted, and a rapid transfer of land were to —— effectual, that are in the a 
this evil would e lf. The forms of a create M. u. P., voted to Mr. STEWART, for his lee 
