The Express.
London, England, 1858-05-12 00:00:00

(stamped id. Additional) [TWOPENCE.

deeper pain than when he received ban hie noble Mend, not
the Moder of his resignation, but a copy of a Wm is which
be had submitted his resignation to bar Helesty. He wan,
bound, under the ctroumstances, to eetuider not his per-
sons' Melina, bat whet was his duty to the country; he
was bound to consider whether it wee &Nimble that the
government, sea government, should take on themselves the
imd stake their existence on an act of which
they were not cognisant, whether they would take on them-
! selves the Minos of that which they could not wholly
defend, or whether they would accept the noble self-sacrifice
of his noble Mend, and through We generosity allow his
colleagtun to have justice done them. The ems, be did
take--end he never felt greater pain--woe, that In Julies to
this great question, and to great pubile Intends, ft wee hie
bounden duty to accept the self-mordlos of hie lONS Mined,
and to part officially from one for whom be personally enter-
tained the sincerest regard and the highest lisped Erase=
whose devotion to India, whose greatlmowledge, and whom
abnegation of all selfish feelings—(chears)—rendered him an
invaluable colleague, and whose counsel an Indian affairs
was of the very highest value. The government felt that his
absence would be the greatest possible lose to the cabinet of
her Majesty ; but they felt that there were still stronger con-
siderations, and that be was bound, though with the deepest
pain. to accept his noble friend's resignation. He bed now
stated all that he thought it necessary at this moment to state.
It was not the time to discuss the proclamation, either wit
Inc intended to be issued or as It had been bend. He re-
gretted the premature publication of the document, which he
thought should not so soot haws been laid before
the public ; sad feeling himself tumble to rapport and defend
the -hasty promulgation of that deolusest, he hod felt him.
adf, with c. bound to accept the of hie noble
=so that du emit hie solleepso,
as hags whit the
s* end ihrpereet mph mad th rest loss that
deampe °Abet ausisteed, they esrosetly e hoped that they
&sold have still lib Melee sad eseletanos.

Berl aaNvrarfsathst as a motion had been made
be would speak, but he intended not to notice the announce-
ment which lad been made by the noble lord (Lord Ellen-
berengh), farther than to may that he quite agreed that the
manner of doing it was most straightforward and honour-
able. And he also agreed that the last portion of the color,
of the noble awl was well deserved. He would refrain from
Machin; upon the other important question, as to how far
that raslgnation, which her Majesty had been advised to
accept, bore upon his carves He, in fact, rose to clear
up a small matter that seemed to him to be in doubt. The
other evening it had been stated that this matter originated
from notice of a question having been given ; but this
evening it was stated that the Secretary to the Board of
Control, without notice end without communication with the
noble earl (the Bari of Derby), had answered the question.
Ha wished to know whether Kr. Baillie, on Ma own ?septa-
ability, had given that answer, and without any ides what
the wish of his chief was in dealing with this question?
The Earl of DERBY thought that his noble friend (the
Earl of Ellenborough) had stated that Mr. Baillie had given
that answer on his authority, and with his responsibility, end
without the knowledge of the rest of the government, and he
(the Berl of Derby) could state that he himself had no notion
that the question would be put.
Earl GRANVILLE said that it was clear that Mr. Beillie
must have had notice, or he could not have communicated

with Lord Ellenborotigi.
The subject then dropped.
TRANSFER OP LAND BILL.
On the motion for the third reading of this bill,
Lord CRANWORTH explained that the object of this
bill was to enable persons selling laud to give to the pur-
chater a parliamentary title. He thought that this should
be dons through the medium of the Court of Chancery, and
this was in accordance with the recommendation of the coin-

mission which had inquired into the matter, though there
wsa a bill in the other house which adopted for thin purpose
the establishment of a new court. .

Lord ST. LEONARDS :a -he bad never seen the bill
which was in the other house of parliament, but be thought
that it would be wore than nester to send this business to
the Court of Chancery, for the Court of Chancery had now ea
much business is it possibly could transact. If the bill
pared, everybody would want a parliamentary 54 and
every ale must go through the Court of Chsattery. It was
utterly impossible that the Court of Chancery could beard
all that business. If they wanted to give • per-
liamentsry title they must establish a court for the
There could not be a greater mistake than to suppose=
sale in the Court of Chancery gave a parliamentary title ;
you had to make out your title as much in court as out of
court, under the existing law. He was consulted by the late
Sir Robert Peel upon the expediency of establishing the En-
cumbered Estates Court in Ireland; and the opinion he
offered was oonveyed in the simple observation that ha should
look upon such a court as regarded property In the same
light as the suspension of the Heber Corpus Act with regard
to persona. He could only admit of it as • temporary Ira-
rare; but England was not in such • state of depression r
to need an Encumbered Estates Court; nor was she is that
exceptionable condition as regarded the land which had to
the establishment of that tribunal in Ireland. Whence the
necessity then for this bill P The real effect of it would be to
abolish the Statute of Limitations, and to establish a great nue-
non mart in the Court of Chancery for the sale of teal
estates. He repeated that the Court of Chancery had already
more briars to trance than ft Gould conveniently get
through; and if there were so stronger objection to it than
that it would be almost =Molest to justify his moving as an
amendment that the bill be read a third time that day six
months.

fhilltari of DONOUGHMORE remarked that the
Encumbered Estates Courts in Ireland had • large staff of
officials attached to it, for the purpose of invesll•ating titles,
and it was almost impossible that the interest of mortgagees
or eneumbrenoees could maps attention. It appeared by all
amounts that nu such staff existed in the English Court of
Chancery.
Lord WIsNSLEYDALE found himself still obliged to
oppose this measure. He entertained serious objections to
it, most of which he stated on a former stage of the
bill. Since then the bill had been investigated and
altered by a select eommlttee, but with all the altera-
tions that had been made in it the bill wee only a sub-
stitute for that which we must oome to at last, namely,
a register of tithe. His great objection to the bill was that
with a sale in the Court of Chancery the title was investi-
gated by persons who had no reason or inducement to inves-
tigate the title so far am it affected the interest of encum-
brancer.. At present the purchaser took are to see that no
mortgagee or other parson who had s charge upon the estate
was prejudiced by the sale, but this bill would remove that
safeguard, while it would also have the effect of destroying
the Statute of Limitations.
The LORD CHANCELLOR approved tithe bin, become
he thought it was • step in the right direction. It touched
only a emgie point of a large subject ; but, at the same time,
it appeased to him to be a memoir* leading up to the ems-
blishment of a general registration of titles throughout the
country. Although it was objected that the matter embraced
in this bill ought not to be sent to the Court of Chancery, he
must yet confess it appeared to him, under all the circum-
stances, that in the first place this question ought to go to
the Court of Chancery. He looked upon the bill as an ex-
periment, and considered that it ought to be tried in the
hest expensive way to the country. The object of the bill
was not to compel people to take a parliamentary title, but to
give then the advantage of obtaining one, if they were so
=through the Court of Chancery. His noble end
friend (Lord Bt. Leonard.) said the bill would choke
the Court of Chancery. He seemed to think that the bill
would be so popular that people would dock to the Court of
Chancery to take advantage of ft. Why, surely that was
en argument in favour of rather than against the bill.
But, said his noble and learned friend, the Court of
Chancery was not popular in another place, and
it was therefore doubtful if the bill would pees into
a law after it had received their lordships' seneftes.
Would his noble and learned friend tell him where the Court
of Chancery wee popular P (.. Hear," and a laugh.) As for
the other objections, the Court of Chancery had to deal with
the transfer of tides sometimes in the exercise of its
jurb-
diatiou, and he always understood that it dealt with them In
• most satisfactory manner. The Encumbered Estates
Court in Ireland had disposed of 18,000#101. worth of pro-
perty, end he believed there was only one instanos on record
whim • thls had been improperly obtained through the in-
etrnmentallty of that authority. He was extremely desirous
that this bill should be allowed to peas ; h. tamed that ft
was an experiment that would be eminently mseciessful, sad
then if it should be found that there was anal in •
parliamentary title, it would be time enough to estaLlW •
board or court for the purpose of investigating sad trine-
herring title..
Lord REDEBDALE said fhb. bill stood upon a tot*
different footing to the act which established the Estreme-
bared Estate. Court in heisted. The title to an estate can-
fared by that court was investlpted throughout bake fay
money was admired upon it ; but here the law wee to be
that en owner in fee could treader his title without my fa-
MdArrin the rights of mortgagee a setosaithesere.
akatt° t
the measure would be stlendell with weather-
able demise. The only emerity given wee la the seethe td
the owner and his solicitor ; but • ma aszleue to
rail knowing little about weull
SWIM g he was told.; a great New el these idling@
would be take.' veryhouseith Dot vt.elwredify-
Led ASINGSB also opposed the MEL It Weal level's
the vender is • bray meths if be cur obliged to beilluie
• Chewer, Net is oder te dithcee of hie teeth Shore
ware =Me 111,7 lied gels thetheetio et peeeth
which weal set beer the many a en oilier of the Oast
at seerr.
L Cheord OtheIfWORTII, ti reply, regretted he had fixed Ike
third nab, lbr that evesing, as many nab lords had left,
net miming a debate would- thee on attar the istereilleg
diesseek- • ~ bed oceseled the earlier peen or the eth
dog. He bed se doebt the seasons
VOW emedielly beast
gopther. but set st OD" IS ell Comet allthalesey wee net •
telbeth and meg peens thrall set lie le
their Wee to ma a .ennui
With regard to the ethithiwy, the Lard ObseselliltriVlleatwrlLer
lIIL
to *creme the NOW as eight he mein& the Set,
In point of t ter *elm raked yea lathe
e4ib of the bill; the eldsollon wee sot te theernet, bat rtre
piled* elf • pillementary tide ; thiet we set • mem en

, which they could not arm d priori; bat they had the
example of • tribunal where only one mistake had be= teed.
la the de of 20,000,0001. of . He left the hill is
their lordships' hands; if it it would be the dot step , •
toward, placing the sprain of conveyancing on a Few
footing.
The hones then &Med oa the third reeding—
Coated, l3
Non-andents l2-1
On the motion of Loed WINSLITD•Li• clean woe add.
The bill then pens&
TENANTS FOR, LIFE TRUSTIES, he., BILL.
This bill pissed through ocunaddes.
LOAN SOCIATIES BILL.
This bill was reed a wand time.
LAW OF PROPERTY AMENDMENT BILL.
Thr report of weendnients to this tell wee received.
Disk lordship then adjourned at a porter before 8.

HOUSE OF COhiMONS.—Tunnur, MAT 11.
The home =et at fear o'clock.

THE OIIDE PROCLAMATION.
Lord A. VANE TEMPEST gave notice that he would
move the following atoredrann to Mr. Cardwell's resolution
in Merinos to Lord Csaning's proclamation That this
house, in its present state of information, abstains from ex-
persning an opinion on the policy of any proclamation which
may have been issued by the Oovernor-Otereral of India it
relation to °ode, or on the course punned by the governante
with abr.:nes to mob proclamation,"
Mr. CARDWELL wotorlilzseal to the government to
allow his resolution to take once on Friday.
The CHANCELLOR the EICRECIDER—Priday is
quite as the art%) of the tight hon.
Mr. CARDWELL—Theo, I wilf gentemnis.otios to bring
forward my resolution on Friday instead of on Thum:ley.