The Sun.
London, England, 1852-05-26 00:00:00

THE SUN,

ward by Lord Cottenham, as Chancellor, which pro-
ceeded no further than to Committee. Last year two
measures were introduced into the other House on the
subject, and it was the amalgamation of these two mea-
sures which formed the basis of the Bill now before their
Lordships. This measure was not so complee. as he
could have wished it, but he was anxious to make as
onward a step as possible. The object of the Bill was
to enable lords to compel tenants to enfranchise, and
tenants to compel lords, with certain modifications; and
he considered that the manner in which this enabling
was effected would not operate with hardship upon either
lord or tenant.
The LORD CHANCELLOR said it was scarcely pos-
sible to overrate the inconveniences resulting from the
copyhold system, and it was certainly expedient to re-
medy these evils so far as this could be done without
trenching too much on the rights of property. His
Noble and Learned Friend was quite justified in the ob-
jections he had advanced against heriots. He himself
was so impressed with them that
hold estate, in order to prevent
u( tphoenLploirrde
hCa las
ianngc eal 1 ocro)py
his best horse or other favourable chattel from being,
after his death, taken from his representative by the
lord, ho had taken the estate in the name of a trustee.
—(Great laughter.) As to the impediment thrown
by the copyhold system in the way of building, it
was, no doubt, in very many cases a great evil,
but therm were- instances, such as the precise case given
in illustration by his Noble and Learned Friend, where
it operated advantageously for the public in preventing
the eggregationad hoeles in otherwise overbuilt locali-
ties. He agreed that it was most desirable to assist in
carrying into execution any measure that would lead to
enfranchisement with all due speed, and without bearing
hardly upon the rights of the parties interested; but,
as to the general inconvenience of this tenure, he denied
generally speaking, that there was that complication in
copyhold titles that rendered it necessary upon that
ground to pass this Bill. He asserted that copyhold
titles were more simple than freehold titles and less open
to objection; and, as regarded smaller tenements, that
title was preferred, and well it might be; for it had the
benefit of a general register, free from those incon-
veniences that would attach to a register of lands of
other tenure, inasmuch as it was local, accessible, and
simple, and never could be overloaded with a great
quantity of matter. It was, moreover, the simplest of
ell tenures, and for small fees a tenant might transfer
his copyhold tenement. His Noble Friend said there
must be two deeds, but that was not necessary—
one only was required. There were two documents,
no doubt; but that was no objection, for the party did
not pay more than he would have to pay if the pro-
perty were freehold. As regarded heriots and arbi-
trary fines, he thought they could not too much facilitate
the abolition of the one, and the reduction to a fair
standard of the other; and any measure that would
carry into effect more beneficially the law as it a pre-
sent stood would meet with his strongest support. He
would rather that any burdens which attached to any
property should attach in the tenant's lifetime, so that it
might descend to his children tree from them. But, as
regarded the mode pointed out by this Bill for enfran-
chisement. he did not hesitate to say that in many cases
the expense altogether would be more than the value of
the property enfranchised. The Bill, moreover, placed
the landlord and tenant in a state of opposition. The
lord might compel the tenant to accept entranchiseinent;
the tenant might compel the lord to grant it; and the
consequence would be, that each would be watching
air the proper moment to take advantage of
the other. • At the present time enfranchisement
was going on more rapidly than many of their
Lordships would suppose. In had times enfran-
chisenaeut almost ceased; in good times it went on
rapidly. From a measure of this sort, however, the
evils he had just mentioned were irreparable, but they
would not attach to a general enactment which would
compel enfranchisement ; and certainly, if he had to
choose between the two, he should choose the measure
that was altogether compulsory. Again, at present the
Lord had the right of property in mines under a copy-
hold, but he could not dig the land to get at those mines.
Now, this Bill provided that the Lord should retain all
the mines to which ho was entitled; but it did not do
what ought to be done, namely, while it transferred the
lands freehold to the copyholder, provide for the lord
being able to break the soil and to get at the mines. He
did not, however, oppose the Bill, but he rose to state
what difficulties occurred to him upon the subject. It
ought not to pass without full consideration—(hear,
hear)--anti he should propose that it should be referred
to a Select Committee, as he was confident that it ought
to be considered clause by clause with great deliberation,
in order that they might know on what they were legis-
lating. This he would venture to say, that having read this
Bill, he should be wholly incapable of saying at that
moment that the Bill as at present framed could safely
pass. The great object was to do justice to all parties.
He did not make this suggestion with any view to this
Bill not being passed this session. But, even if that
were the result, if the time occupied in its being deli-
berately considered should prevent it, he should think
that that was in no respect to be compared with hasty
legislation breaking in noon the rights of property.
Lord CAMPBELL had anticipated that before this
session closed this Bill would have become the law of the
land; but the speech of his Noble and Learned Friend
on the woolsack was fatal to the measure. It was
echoed by the Lord Privy Seal, and he was afraid it was
inwardly approved of by the rest of her Majesty's
Ministers. A Noble Lord had withdrawn a motion of
which he had given notice that this Bill should be re-
ferred to a Select Committee, and he (Lord Campbell)
therefore was not only grieved, bet surprised, at the
course taken by his Noble and L"arned Friend, espe-
cially as in the other House of Parliament this Bill
had had the support of the Government; and the organ
of the Government had undertaken that the support of
the Government should be given to the measure as it
now stood. It the Bill would produce evil to copy-
holders, then the proper course for his Noble and
Learned Friend to have taken was to 1110V3 that it he
read a second time that day three months; and ho
thought his Noble end Learned Friend would have done
better if he had taken that course than by not objecting
to the second reading, but recommending that trio Bill
should be referred to a Select Committee. He had
thought that this Bill would have been one of themea-
eures of reform that were to have reflected credit on the
present Government. He had most sincerely hoped it
would have been one of the topics on which they might
have gone to the country to show how beneficent their
administration was by its legal influence. Their Lord-
ships must recollect that in each manor there was a par
ticular code of laws, by which the copyholaers of such
manor were governed es to their tenancies. In some the
custom was that the eldest son should succeed to the
father; in others the custom was that of gavelkind, in
which all the sons succeeded equally; and in some
the custom cf borough English prevailed, by which
the youngest son succeeded, to the exclusion of the
eldest. The Noble and Learned Lord on the woolsack
hroi pointed out the very great advantage to the copy-
holder from his being regts7ered and from the registra-
tion being simple; but he (Lord Campbell) trusted that
before another year passed the Government woula esta-
blish another claim to the gratitude of the country for
legal reform, by establishing a general registration of
deeds. According to the principles of the Noble and
Learnedrl,etat
euL db,eorffe m
doorro itn was theany
idleggenerations
to
woolsack,neras
uti this tenure was to be
would
be
abolished centuries
merely by voluntary enfranchi
sempopenn.s4stseo.rthimia t i
iasnyNoble and
Learned Friend complained that the Bill did
not go far
enough, and that he should prefer to it in shape
giving a compulsory power at once toseeenfrarcah•
il
copyholds. He (Lord Campbell) should be also glad.. Ist, e a
to gave
such a measure. it it were possible, but he fo
hard-
ships and inconveniences arising therefrom, foresaw
made
him recoil from it. With respect to the present Bill,h
ever, though it might produce in a few instances a littleo w
hardship, it would on the other hand afford very great
relief, and in his belief it would prove most beneficial
both to the lord and to the tenant. The Bill had only
a compulsory operation in the two cases of descent and
alienation, and in consequence of that provision it was
his opinion that the measure would not only effect no
evil, bat produce much benefit. If afterwards it should
be found that there existed remnants of copyhold which
it would be disadvantageous to maintain, a general
sweeping measure of a compulsory nature might then be
introduced to deal with them. At present he was not
prepared for a measure so stringent, and he should give
to the second reading of the Bill now before the House
his most cordial support.
The Duke of CLEVELAND confessed that his
opinion had always been that some such measure as
the present was absolutely necessary. The old feudal
system connected with the copyhold tenure ought for
various reasons to be got rid of, as it tended to a
great number of endless disputes, heartburnings, and
bickerings. The different customs in different manors
constituted a great evil, and, with respect
to minerals, in two counties in which he had copyhold
property—Durham and Stafford—the customs differed
materially. Another serious evil arising out of the copy-
hold tenure was that it prevented the making of improve-
izents. He believed that without some compulsory
power it would be impossible to
ehe enfranchisement
carry out a measure for
nchisement of copyholds.
ia-rd BEAUMONT said ho
could not oppose the pro-
aositiou for •
been_ e sending the Bill to a Committee up stairs,
sior
07...hhetheought it was in a state requiring the revi-
aerhizitlt°Wl et Committee, but he trusted that the Go-
' the 3inearo 1)114 only nominate such a Committee with
such a form intention of endeavouring to put the Bill in
sent session. might enable it to be passed in the pre-
The Duke of Bu
many grievanee3 in the
admitted that there were
ing, over the present it3lllo copyhold tenure, but in look-
visions the mailer 11 he thought that under its pro-
hardehip than the lord, holder was more likely to suffer
the,Bill was to refer it to The only way of dealing with
for one would not e' it
Select Committee, though he
the
purpose
,of
defeating to such a reference merely for
thought that Bills tending et makeof
great alterations in
brought forward by
Gov Mine". by the Exeeutive
After,a few words from Lord
Lord CR ANWOR „„,,
TII m`-,87 is,
F e d annr h
that sending the Bill to a Select commit, t ens."
meant that it should not be
ti.; 'es practically
would be
thought the resulteaseion. If he
otherwise, he ehould ei
at the Bill
goidg before a Committee, as his rejoice
with was that the measure should become law in ardent
perfect state Possible.—(l.lcar, hear.) the most
The Bill was then read a srcond time,
The LORD CIIANCELLOR moved that the Bill be
sent to a Select Committee—the Committee to be
named
on Thursday next. .As his Noble and Learned Friend
had expressed some alarm lest the effect of sending the
measure to a Select Committee would be to prevent its
passing during the present session, he hoped he would
give him credit for stating that he bad • no such object
—(Hear, hear)—and on the part of her Majesty's,
Government he might state that they had ad Emil ob-
ject, but that they would go into the Committee with the

determination to give the measure their best attention,
and to render their honest assistance in carrying it into
effect.—(Hear, hear.)
Lord CAMPBELL was, generally speaking, favour-
able to Bills of this nature being sent to a Select Com-
mittee; but, under all the circumstances of the case, to
send the present measure to a Committee would, he
feared, prove a delusion. The state of the session, and
various other considerations, induced him to believe
that the effect would be to give the measure its quietus.
The Bill was then ordered to be referred to a Select
Committee.
SCHOOL SITES ACTS FXTENSION BILL.

On the motion of the Bishop of OXFORD, this
Bill was read a second time pro forma, on the under-
standing that the principle should be discussed at a fu-
ture stage.
The Property of Lunatics Bill, the Stamp Duties
(Ireland) Bill, the Apprehension of Deserters from
Foreign Ships Bill, and the Turnpike Roads (Ireland)
Bill, were respectively read a second time.
The Masters in Chancery Abolition Bill, the Im-
provement of the Jurisdiction in Equity Bill, and the
Property-tax Continuance Bill went through Committee.
Their Lordships adjourned at Half-past Eight o'clock.