"No child under the age of fifteen years shall be employed in any manufacturing establishment, unless such child shall have attended some public or private day-school, where instruction is given by a teacher qualified according to law to teach orthography, reading, writing, English grammar, geography, arithmetic, and good behaviour, at least one term of eleven weeks of the twelve months next preceding the time of such employment, and for the same period during any and every twelve months in which such child shall be so employed."
Although my salt-fish friends are probably very familiar with sea-lawyers, the general reader may be astonished to see any allusion to law made by a sea-captain. I therefore beg to inform him, that the following observations on a most interesting point are furnished me by a friend who is legitimately at home in that complicated business, and who devoted much attention to the study of the method by which land is conveyed in the United States with so much ease and so little expense:—
"In America all conveyances of land, whether absolute or by way of mortgage only, are, with the exception of some chattel interests, required to be registered within a fixed or a reasonable time after their execution. Registration is constructive notice to all the world; if not registered, a deed is only valid against the parties to it and the heirs and devisees of the grantor. Generally, however, notice obtained by a purchaser previous to his purchase, will, if clearly proved, prevent his taking the advantage, though he may have been beforehand in registering his own title.
"By the old laws of Massachusetts, all deeds of conveyance were required to be recorded, 'that neither creditors might be defrauded, nor courts troubled with vexatious suits and endless contentions.' In consequence of the number of registers established in each county—and the excellence of their arrangements, no inconvenience results from the accumulation of deeds, notwithstanding the early period to which they go back. In register for Suffolk county, Massachusetts, are to be seen copies of deeds from 1640 down to the present time. They are bound up in 640 volumes, and do not as yet take up much space. They have lately multiplied in an increasing ratio, the volumes having risen from 250 to their present number in the last 25 years.
"The register for Philadelphia county, Pennsylvania, contains within a moderate compass deeds from 1683 downwards. They are referred to by indices on the following plan: All deeds made within a certain time, and in which the name of the grantor commences with the same letter of the alphabet, are bound up in one volume; thus, a volume marked "H 1820-1847," contains all deeds executed between those years by grantors whose names begin with H. One index volume contains the names of all grantors between those years in alphabetical order, another that of all grantees, and both refer to volume and page of the books of deeds. A third index gives the names of grantors and grantees, arranged chronologically, according to the year in which the deed they were parties to was executed.
"The original deed remain in the possession of the proprietors, but are of secondary importance. They are written in a plain, legible hand on paper, parchment being seldom used. The signatures of the parties are of course requisite; but the seal, which is essential to a deed in England, is in many States dispensed with. The custom of registering obviates the necessity for those long recitals that so swell out an English conveyance, and the shortest possible forms of covenants are preferred. The American conveyance only witnesses that the grantor conveys the property therein described, which, or part of which, was conveyed to him by such a one by a deed of such a date, and a marginal note states the volume and page where the deed thus mentioned is to be seen.
"The advantages of registration are,—greater security of title, and brevity and economy in conveyances. The example of the United States shows that there is nothing in the Anglo-Saxon laws of real property to render such a system impracticable. Several of the most eminent lawyers in Boston declared, that their registration was found to work easily and safely; the only change desired was by a few, who expressed a wish that more registers should be established, as, one for every district, instead of for every county. They all expressed their astonishment that a similar plan had not long ago been adopted in England. They admitted that dealings with property were more simple in America, where strict settlements are either not allowed, or not generally in use, but maintained that the real obstacles to a registration in this country lie not so much in the difficulty of carrying it out, as in the prejudices of landowners, the self-interest of lawyers, and the superstitious dread entertained by John Bull generally of anything to which he is unaccustomed."[[CH]]
I am no lawyer, as I observed before, and therefore I do not pretend to pass an opinion on the details of the foregoing remarks; but of the results produced by their system, I certainly can speak, for I have seen property transferred without the slightest trouble, and for a few shillings, which, owing to the amount involved, and the complications connected with it, would, if transferred in this country, have kept the firm of Screw, Skinflint, and Stickem hard at work for mouths, and when finished, would have required a week to make up the bill of costs, &c.
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