trial than if he were imprisoned on a charge of felony or treason. Where the debt really existed, this power of imprisonment only led to a waste of the property from which the creditor might have been satisfied, and to the degradation and corruption of its unhappy victims.

The result has been so satisfactory that I hope before long to see the same principle extended to imprisonment after judgment—recognizing the distinction between the fair and fraudulent debtorand making deprivation of liberty a punishment for crime-not an aggravation of misfortune. But if from the infelicity of the times I can effect no more in the way of legal reform, I hope I may be allowed to derive some satisfaction from the thought, that I have been humbly instrumental in improving the institutions of my country.

On the evening for which I had given a notice of my motion for leave to bring in a Bill to establish a General Register of Deeds, a party question was brought forward respecting the superseding of a writ for a new election of Members for the borough of Evesham. This drew a crowded house and gave rise to an animated discussion. When it had beeen disposed of I was called to by the Speaker amidst the noise occasioned by a rush from the House of Members utterly ignorant of the subject I was to handle and determined not to be instructed upon it.

MR. JOHN CAMPBELL,

MR. SPEAKER, I rise, in pursance of the notice I have given, to move for leave to bring in a Bill to establish a General Register for all deeds and instruments affecting real property in England and Wales. I should propose a measure of such vast importance with the utmost distrust, if it proceeded entirely from my own opinion of its expediency; but I venture to bring it forward with some confidence, as it is the result of the united labours and the unanimous recommendation of the Commissioners appointed by his late Majesty to inquire into the defects to be found in the law of Real Property in this country, and the improvements of which it is susceptible.

Regret has been expressed more than once in this House, that a Gentleman of whose services the world is now for ever deprived, — I mean my late friend Mr. Humphreys,-was not appointed a member of that commission. I can say truly, that I joined in that regret, and I willingly take this opportunity of paying a humble tribute to his memory. He was a man, who, with a profound knowledge of his profession, had an enlarged and cultivated mind, and was actuated by an ardent desire to improve the institutions of his country. To him the merit belongs of first drawing the attention of the public to the present defective state of the law of Real Property; and although I could not concur in all his theories for the amendment of it, I should have been well pleased to have had him as a coadjutor in the great undertaking over which I was solicited to preside. But it has been my good fortune to be associated with others of distinguished acquirements and capacity. In the absence of the late Secretary of State, for the Home Department, I may be allowed to say, that I believe in following up the resolution adopted by this House, upon the motion of the present

Lord Chancellor, for the appointment of Commissioners to inquire into the law of Real Property, and the practice in the Courts of Common Law, that Right Honourable Gentleman was actuated only by the desire that the object might be most effectually attained; and I cannot refrain from declaring, as he is now no longer Minister of the Crown, that both from my own official communications with him, and from my general observation of his career, I consider him a sincere, steady and enlightened friend of legal reform. Nothing better can be wished for the improvement of the law, than that those who succeed him may in this respect imitate his example. With respect to Mr. Humphreys, it may be satisfactory to the House and to the country to know, that although not a member of the commission, he generously supported us ;that we derived valuable assistance, not only from his writings, but from personal conferences with him,—and that he was a zealous promoter of a General Register.

Sir, this measure is certainly, for good or for evil, one of the most important ever submitted to the attention of the Legislature; and I cannot but lament, that subjects of ephemeral interest, which touch party feelings, generally excite more attention in this House than the discussion of laws which deeply affect the property and the rights of the present and future generations. The House having resolved, that the writ for the election of Members for the corrupt borough of Evesham shall be superseded by the Speaker's warrant, and the hour of dinner having arrived, a general dispersion has taken place, and the benches on both sides of the House are nearly deserted. Nevertheless, under such discouraging circumstances, I shall feel it my duty to explain to those Honourable Members who honour me with their attention, the grounds on which I think this measure is necessary, and will be found salutary and beneficial. They must be aware, that this can only be done by entering into technical details, which no powers of statement or illustration could render amusing.

I can truly say, that I commenced the investigation of the subject without having in any way committed myself, and without

any preconceived opinion, or even bias, to mislead me; and the result of that investigation is, that a General Register, upon an improved plan, such as I am prepared to propose, would remove many existing evils in the law,-would render the transfer of real property simple, easy, safe and economical,-and would be found a new power, capable of being applied to the most important purposes. I know there are eminent individuals for whose opinions I am bound to entertain great respect, who consider the present law of real property a system of almost absolute perfection. Such men must condemn any change in it as unnecessary and mischievous. I am not blind to the merits of the old common law of England, which in its machinery for separating the law from the fact, and assigning each to a distinct tribunal, excels every other system which I have studied; but I think it now labours under grievous imperfections, by our adhering to old rules when the reasons for them are gone,—by not adapting our institutions to the altered circumstances of the country, and by forgetting the maxim which ought never to be forgotten,-that Time is the greatest Innovator. Such is the present condition of the law, that where real property is to be transferred or charged, titles are generally found to be unmarketable or unsafe; those that are safe are often unmarketable, and those that are marketable are often unsafe. From whence does this insecurity arise? I say, from the want of a General Register, where, by a glance, a knowledge might be obtained of all the deeds and instruments affecting any particular portion of real property, or any interest arising out of it. Without this, no purchaser of an estate, and no person who advances his money on mortgage, can be The title to real property in this, and in every civilised country, does and must depend upon written documents; and unless you are sure, that you have knowledge of all the documents in existence, affecting any particular subject of transfer or charge, there is no safety for you. Enact that no man's rights shall be injured by any documents affecting real property which are not registered, and the evil arising from the concealment of such documents is instantly cured.

secure.

There is an obvious distinction in this respect, between real and personal property. A person in possession of a horse or a bale of goods is generally the absolute owner, or his agent; and a very little inquiry will enable the person disposed to purchase, to find out the person with whom he may safely deal. The title does not depend upon writing; and if there has been a sale, even without the authority of the owner out of possession, his right is gone if that sale was in market overt, or by a person whom he intrusted to apper to the world as owner. In experience, the title to personal chattels bought by a bona fide purchaser, using reasonable diligence, is hardly ever questioned; and no danger is apprehended against which any precaution is ever taken, beyond inquiry of the vendor at the time of sale. There is neither loss to the purchaser from concealed claimants appearing; nor delay, nor expense, nor inconvenience from any apprehended danger in making the transfer. The occupier of land may be tenant at will, or for years, or for life, or in tail, or in fee simple. The interests are almost infinite which may be carved out of one subject-matter, and which may be concurrent, or made to arise one after another. No notice is given of these by apparent possession, and each may be enforced on production of the instrument creating it. A purchaser or mortgagee is liable to be deceived and defrauded under circumstances apparently free from all suspicion. One known to have been owner of the fee-simple, by a secret settlement reduces his interest to a life estate, without any apparent change in the enjoyment of the land. The heirs-at-law enter on the death of the ancestor, concealing a will, by which he is made tenant for life only, with remainder to his children or some collateral relation. The father under a power of appointment, in default of which his eldest son takes the fee, by a deed duly executed appoints to the son for life, with remainders over the deed is concealed, and the son takes possession on his father's death. In each of these three cases, a perfect unsuspicious title to the fee is made out by the suppression of a single instrument. A cautious man buys the estate, or advances money nearly to the value of it on mortgage. On the death of his vendor