deeds are preserved, so as to be an additional security in case of destruction, by fire or otherwise, of one or the other.* Lastly. The Register should be vested with judicial powers, so as to be enabled to refuse to record papers which are not in form of law; but he should be bound to make a memorandum on the margin of the folio whereon the property is recorded, and which is intended to be affected, of the time of such presentation; so that, upon a successful appeal from the decision of the Register, the effect of the recording might revert back to the time of the first presentation; this memorandum would also be in the nature of a lis pendens. It will thus be seen that the abstract of title and search to any parcel of land would consist only of a certified copy of the subsisting part of its folio upon the ledger, and could speedily be made, and at a trivial charge, making unnecessary the long and unsatisfactory searches which, as now conducted, can not be but cumbersome and expensive. In conclusion, we desire to direct the attention of our readers to the fac-simile diagrams of the proposed books of conveyance, tickler, and index, which will be found on pages 487-8-9. These diagrams will enable the reader to comprehend at a glance the correct character and importance of our suggestions. If they be to any extent worthy of consideration and practicable in execution, the writer feels deeply impressed that active steps should at once be taken to secure their adoption by our Legislature.† The time has come in this State for the immediate and thorough reform of our judicial and political organisms. The laws, first of all, need revision, abridging, and systematizing, in order to place them understandingly within the comprehension and sphere of every intelligent citizen, thereby banishing that present *At the sitting of the Grand Jury of the Court of General Sessions, on the 6th day of December, 1871, they presented to the court, in due form, the unsafe and exposed condition of the Register's Office in the City of New York, and the liability of all its records being destroyed by fire, and recommended the erection of a building, entirely fire-proof, for the safety of these records. The conflagration of Chicago, and the consequent destruction of all the registration records, furnishes a timely monitor to other cities to render the buildings, wherein is deposited the evidence of the title of their landed estate, proof against destruction by fire. The citizens of Chicago are destined to be long harassed by disputes and litigation to doubtfully settle what was once entirely certain. † Since the above has been written, Hon. Franz Sigel, Register of the City and County of New York, has read advance sheets of this article, and is now prosecuting active measures to introduce in his office the material innovations herein suggested. belief, which is a stigma upon the legal profession, that the ignorance of the masses of the people in questions of law, and of the "ways that are dark" and the "tricks that are vain," forms the necessary outwork and is the indispensable abettor in the perpetuation of business. We are to-day upon the arena of great political revolutions, which should not only anathematize dishonest rulers and incompetent officials, but the moral influence of honorable men should permeate our whole civil, political, and judicial systems, and make them abler and nobler protectors and expounders of the people's rights and liberties. SAMUEL D. SEWARDS. |