The Express.
London, England, 1861-08-20 00:00:00

SPORTING ENTILLLIGENCE.

A !ate edition el the Express is published every
eveniNg during the rasing season, containing the
results of the days rasa

As we anticipated, the opportunity of discuss-
ing the effects of the Encumbered Estates Court was
not lost by the members of the Social Science
Association assembled at Dublin. It was fit that
so important • subject should be elucidated by
some person of authority ; and the paper read by
Mr. LawsioN, the present Solicitor-General for
Ireland, indorsed as it was by the eminent
authority of Mr. Worrisome, ought to command
considerable attention. In Ireland the ad-
vantages of the Encumbered Estates Court are
universally admitted. Even those who were
originally opposed to its creation are now con-
vinced that they were mistaken. And the only
question now discussed is the best mode of extend-
ing its operation. Besides the facilities thus
enjoyed of transferring land, and the additional
security of title obtained by the action of the
Court, the important point is to devise some
means whereby land may be more readily mort-
gaged, or, in other words, used as a security for
the loan of money. It is difficult to believe
that any real difficulty should exist in
the way of this reform, especially as
Judge LONOTICLD, who with his colleague Judge
HAZOIMATZ has presided over the Encumbered
Estates Court, or as it is now called, the Landed
Estates Court, since its origin, has himself con-
structed • plan for the purpose. In the mean-
time it may be interesting to explain the results of
the Irish system, in order to ascertain whether a
similar system might not be introduced into this
country.
It is matter of history that the Encumbered
Estates Court was introduced as a pure matter of
necessity. A vast =MS of landed property had
become so inextricably involved by mortgages and
settlements that the ordinary modes of dealing
with it had become practically inapplicable. In
abort, land in Ireland had become practically un-
saleable. The principle of the remedy for this
state of things, suggested by the late Sir Roam.
Pm and carried into effect by the present Master
of the Rolls, Sir Jones ROMILLT, was to erect a
court whose duty it should be, first, to inves-
tigate any title and to pronounce upon it
judicially; and next, having satisfied Resit
that there was a good title, to confer upon
any purchaser an indefeasible title to the land in
question. Until the creation of the new court not
only every new transfer implied the necessity of a
new heresliption into the history of all the trans-
actions senieseted with land about to be
transferred, Ewing the last 60 years, out the
treeseetions bed beeeme so complicated, and the
Watery of Irkh Mee se perplexed that no purchaser
weld ban an, ainAdense in the result of the
isweitiselion. At all events, in case of
say mistake the purelieser was liable to
be ousted from his purchase. The only
possible insane, therefore of inspiring that
etinfldence, and of inducing purchasers to come
forward was to offer them a title guaranteed by
the judgment of an authorised tribunal. Nor, as
the Soucnon-Osinenat fairly observes, was there
anything unreasonable in this—for the creation of
an Encumbered or Leaded Liaise Court is merely
invoking the aid of the law to solve the
difficulties and perplexities mimed by the
kw. If, indeed, the effect of such a
tribunal had been to do injustice to the rights of
individuals, or even if the tribunal had failed to
conciliate the support of landowners, there might
be good reason for restricting its operation to cases
like those of Ireland in 1848, when extraordinary
circumstances required extraordinary remedies.
But the history of Ireland during the last
thirteen years proves that no such caution was
needed. On the contrary, the benefits of the
new jurisdiction have been such that recourse has
been had by landowners to all sorts of fictions in
order to enable them to bring themselves and
their property within the scope of the land tri-
bunaL Out of the 3,613 petitions presented to
the court and discussed during ten years, no fewer
than 1,363 were presented, not by incumbrancers,
but by owners; and whereas out of the first 100 pe-
titions presented only sit were presented by owners,
out of the last 100 nofewer than 47 were presented
by owners. But, further, it appears that laudowners
actually created fictitious incumbrances in order
that they might take advantage of the court as a
mode of transfer. It is thus abundantly clear
that the Landed Estates Court has not only been
the means of bringing encumbered land into the
market which was formerly retained perforce
in insolvent hands, but has indirectly created
a new system of conveying land, of which sol-
vent landowners have eagerly availed themselves.
And the statistics of the operations of the Court are
the best proof of its success. Now, it appears
that since its opening a parliamentary title has
been established to about 3,200,000 statute acres
of IroLind, or about one-sixth of its ales; and a
sum of 28,000,0001. of purchase money has been
distributed. Nor let it be supposed that the effect
of these vast transactions has been to transfer the
land in Ireland front the hands of the Irish to
those of foreigners. For whilst the number
of Irish purchasers was 8,258,' the number
of English, Scotch, and foreign purchasers was
only 324 ; and taking the gross produce of
certain sales at 23,160,0001., whilst 3,160,0001.
was paid by English, Scotch, and foreign pur-
chasers, the sum of 20,000,0001. represented the
Irish capital invested in Irish land. These

facts prove that the system of transferring land
inaugurated by the Encumbered Estates Court,
and now rendered permanent by the Landed
Estates Court, is fitted not only for a crisis such
as that which occurred in Ireland at the famine
and exodus of 1848, but for times of peace and
prosperity. The expense and perplexities of the
ordinary law of transfer appear to be so great
that landowners are glad to escape from thorn, and,
fortunately, the operation of the Landed Estates
Court is such as to enable them to gratify their
rational desires.

At present the Landed Estates Court is • sepa-
rate tribunal from the Court of Chancery, and one
question discussed the other day was whether
this arrangement ought to be permanent. It is
certainly a little remarkable that one effect of
the new court has been to put a stop to no fewer
than 1,298 Chancery suits, and to all the expense
and delay which such proceedings involve. Whe-
ther the Judges and practitioners in the Irish
Court of Chancery are endowed with such an extra-
ordinary share of self-denial as voluntarily to de-
prive themselves of the perquisites attached to
some thirteen hundred Chancery suits evidently
excites some serious doubts even in the mind of
Mr. Wurraiur ; but at all events, the result of •
separate tribunal is so satisfactory that no change
should now be thought of. Indeed the probability
is, that unless the novel and somewhat peculiar
jurisdiction of the Landed Estates Court had been
committed to a new and special tribunal, the old
traditions of common law and equity would have
prevented the development of the new system.
But the question naturally occurs—if this Landed
Estates Court his proved so great a success in Ire-
land, why should not a similar court meet with the
like success in England? The law of real property
in both countries is almost identical ; lawyers who
have acquired eminence in Lincoln's-inn h►ve been
constantly been transferred to the Chancellor's
seat at Dublin. The same legal interests,
the same family settlements, the same com-
plications caused by charging landed estates
as • security for money lent, the same
sort' of leases, the same necessity for the easy
transfer of land devoted to building purposes, are
common to both countries. If a Landed Estates
Court has been found so great a convenience for
the Irish landlord, is it not reasonable to suppose
that the English landlord would find it a similar
convenience t It is impossible to say that the
English landlords are satisfied with the system of
transfer which at present prevails, because not
only the proceedings of Parliament but the Re-
port' of Commissions abundantly attest their
dissatisfaction. Indeed, both sides of the House
of Commons are deeply committed to carry into
effect the plan recommended by the last Commis-
sion which reported upon the subject. If that plan
can be carried into effect the question is settled. But
failing that, it is at all events possible to do for
England what has been already done for Ireland.
In the meantime it is to be hoped that the Irish
law officers will apply themselves to the tuk of
completing their system, so that the land may not
only be absolutely transferred with facility and
economy, but used with equal facility and economy
as a mortgage security.