Page images
PDF
EPUB

some other counties higher still. A general search is probably meant. For copies great variation of fees was also shown. You might have 100 words copied for 14d. in Yorkshire (West Riding); you had to pay for a folio of seventy-two words, 2d. in Norfolk; 4d. in Gloucestershire, Warwickshire; and 8d. in Middlesex, Notts, Derby, Anglesea. Giving certificates varied from 1s. Northumberland to 2s. 6d. Middlesex, Surrey, Worcester, Northumberland.

Nothing seems to have been done by the Committee on this report. But on May 4, 1813, a Bill was brought in by Mr. Holme Sumner for enabling justices of the peace to provide places for depositing county records, and also residences for clerks of the peace and for settling the fees of these officers. The reasons in favour of the Bill were the insecurity of the records in their present state, and their great importance to the property and the interests of many. The Bill was opposed by Mr. Westorn, on the score of expense, and it seems to have been let drop. Ought it not to be revived? If the social life of a people is to be traced in its institutions and ought to be learnt, the repertory for the facts concerning them is the genuine source of instruction, and ought to be maintained and improved.

What a body of information must there not be contained, and what lessons of experience derivable from the books and accounts of administrators, who set down with business-like and judicial accuracy their acts in the management and dealing with institutions and concerns of interest and importance! What incidental information also of the state and circumstances of the localities at different dates, as well as the condition of the institutions themselves! What an amount of local historical matter might be gathered from the entries in the ancient Record books of sessions' proceedings! These in some counties go back to the sixteenth century-those of Cheshire, and also those of Westmoreland, beginning 1559; those of Wilts begin 40 Elizabeth; those of (North Riding) Yorkshire, 1600, and those of Devonshire

same date; those of Notts from Jac. I. The ledger books of Somersetshire go back to 22 Car. I., and they had some earlier in mutilated condition; and even the most recent session books, as of Surrey (1759), Cornwall (1758), Oxford (1761), Berks (1760), furnish the experience of upwards of a century. When these things are properly considered, it cannot be well doubted that the project for obtaining a proper place for depositing and preserving county records, with provision for their safe custody, and for the easy and convenient access by the public to them should be resumed.

It is desirable that a general catalogue should be made and published of the public documents of the county, by which its inhabitants would be apprised of the nature and extent of their public records: and the clerk of the peace would know the particular documents for the care whereof he is responsible, and by this means a greater degree of attention would be insured to their security and preservation.

It is also desirable that particular indexes should be made to every description of the public records and documents belonging to the county, in order to facilitate the reference thereto by persons having occasion to examine the same.

As to the cost of such establishment, it is desirable to avoid undue increase to public burdens, but there are some things in the way of set off to the necessary expenditure which deserve consideration, as they would tend to its self-support. In counties where the fees of the clerks of the peace are commuted for a salary, the search fees, &c., make on the profit side of the accounts almost the only item, and hence perhaps it is not much regarded. The apostolic maxim about giving and receiving strongly holding where it was never meant to apply, the dealing with public, that is, other men's, monies.

The more rich a county collection is in extent and variety of its records, and the more facility given to their use, the greater the resort of inquirers to the office, and the amount of fees arising from their searches would be.

With a view to encourage resort thereto, a greater uniformity of search and other fees should be established.

In regard to the most important class of documents deposited in the office of the clerk of the peace of counties, namely, Inclosure Awards, facilities should be given for the completion of the collection. The incompleteness has arisen from various causes. Some of the older Acts contain no direction for emolument, and in other cases the directions for that purpose in the Acts have not been complied with for want of funds and other causes, the awards lying in the state of engrossment in hands of solicitors or surveyors claiming liens thereon for fees, or still remaining unengrossed and imperfect. All awards upon future inclosures should be enrolled with, the clerk of the peace, and the option of enrolling elsewhere taken away. Steps should be taken for obtaining transcripts or copies of awards made under Inclosure Acts for places in a county and enrolled elsewhere (as at Westminster, under the General Inclosure Act, 1801), such transcript to be put with the county records. This, in some cases, would, however, be attended with expense, which, to some extent, might be met by the profit of additional searches and copies.

In order that outstanding awards should be brought on for enrolment the provisions of the Stat. 3 & 4 Will. IV., c. 37, should be much better known, thereby, persons entitled to lands, affected by awards, may require that they be enrolled by the clerk of the peace. The expence, however, lies on the applicant. It should be mitigated by reduction of fees in such cases by the county authorities. Resort should also be had to the provisions of the Commons Inclosure Act, 8 & 9 Vict. c. 118, for the completion of delayed awards, and for revival of the powers of Local Inclosure Acts, lapsed by death of the commissioners or otherwise, so as to complete the proceedings.

Inclosure awards are often made in duplicates or triplicate. One copy to be deposited in the parish chest, or with the

largest proprietor, or the like. The parish chest is not always a good repository. Awards, so deposited, often suffer from damp and neglect, and it sometimes happens that the inquirer after an award, which ought to be in the parish chest, or in the hands of the lord of the manor, &c., is disappointed in his search. It is not to be found in its place, and he cannot always ascertain where it is to be found. When found, the facilities for search, which the county office affords, are wanting, and the compensation to be paid to the keeper for the trouble of producing the award, not being fixed by law, may become the subject of misunderstanding. These considerations show the importance of preserving and augmenting the county collection, and lead to the suggestion that where a parish has not fit accommodation for keeping its award, it is the more desirable that the same should be enrolled or deposited in the office of the clerk of the peace, according as its Act may direct.

In conclusion, some collateral or further uses of a County Record Office may be adverted to.

The Record Committee of 1800 were led by their inquiries, to recommend a registration of public instruments relating to land, and they suggested that registers for real property assurances might be wisely established, on the model of the Middlesex and Yorkshire registries, in counties-in effect a revival of the Tudor law of enrolment.

The Yorkshire (West Riding) Act professes to supply the defects of the old Statute, in that it had not appointed a place for keeping of the enrolments, nor provided sanctions binding enrolling officers to their duty.

No doubt it was susceptible of improvement, but it is a question whether a county registry might not be brought to a state of greater perfection than a central or general registry.

In the late inquiry before the Committee on Voters' Registration, a witness from Yorkshire stated that the registry of his Riding was so well kept and entered up, that the state

of a particular title on it might be readily learnt by letter or telegram. The advantage of a county register of property in relation to the correcting of the register of voters was also proved before the same Committee.

The question between central and local registration is still a point of contention, and in which question the claims of local over central registration can never be urged with due force, while the present imperfect arrangements respecting county records continue.

Record offices should be large enough to allow of a proper staff of officers, and proper and safe repositories and convenient accommodation for searching; but when those requisites can be secured, the claims of provincial over central are considerable. The spirit of local investigation should be encouraged by affording facilities on the spot to those whose aim is diligently to learn from authentic sources, facts tending to establish private and public rights, and illustrate antecedent institutions and manners.

To London now go returns of friendly societies, charities, and some other local institutions formerly kept in the County registry; and to London, it is said also, are destined to go the collections of wills and the like records. In the case of charity returns, it is matter of experience that the law for their deposit in the country offices worked beneficially, inquiries being often made by persons interested therein; whether they are of equal use in the central repository of the Charity Commissioners in London may be doubtful.

This project of centralisation is, moreover, fraught with danger to the preservation of the records, as they would be exposed to the attacks of enemies from within and from without. Cade's policy of "burning all the records of the realm" commends itself to revolutionary minds, and as to foreign hostility, we plainly see that modern scientific warfare seeks the destruction to the enemy, of life without measure or discrimination, and of property, however purely conducive to the interests of peace, and civilisation. The county authorities

« PreviousContinue »