The journal of jurisprudence - v. 27 Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: 30 Jflonth. We have been requested to publish the following notes:— Notes at to the Effect of the Conveyancing Act of 1874 upon Personal Searches.—The o... more »pinions published in regard to this matter may be stated in the order of their publication :— The editors of the second edition of " Bell's Lectures on Conveyancing," vol. ii. p. 706, state: "Notwithstanding that a period of possession of twenty years upon a recorded title will, after 1st January 1879, be .sufficient for the positive prescription, the practice of requiring a forty years' search in the Register of Sasines and for adjudications will no doubt still be continued after that date. Heritable securities are very frequently in force for a longer period than twenty years, and thus would not be disclosed by a search for that limited period; and this observation is applicable also to adjudications." At p. 710 the editors also state that it will be unnecessary to carry back the search for inhibitions for a longer period than five years prior to the date of search. They do not state, but it appears to be implied, that a search thus effected will be complete as in the Adjudication Register, if it is made simply against the proprietors during the period of possession. Messrs. Millar 'fe Bryce, the professional searchers, sent round a circular in November 1878, in which they gave it as their opinion that "no change is made in the law as to adjudications; but inasmuch as the positive prescription of titles will be reduced to twenty years, it will not bo necessary to search for adjudications beyond that period. A search in this register will therefore be against the individual proprietors during the period of proprietorship, but in no case beyond twenty years." "A search for five years will, as regards inhibitions p...« less