The Sun.
London, England, 1865-05-26 00:00:00

RECORD OF TITLE (IRELAND) BILL.
The ATTORNEY-GENERAL moved the second read-
i-ng of the &cord of Title (Ireland) Bill, which had passed
the House of Lords, and the object of which was to sim-
plify title and improve the administration of the Landed

Estates Court. As the law stood no means existed to pre-
vent the title from lapsing and in course of time being

clogged with new encumbrances, so that the old system of
expense in the investigation of title and the difficulty of
dealing with it in the market was created afresh. That
defect was early pointed out by a Royal commission—the
bill was intended to cure it—and his hon. and learned

friend Sir Hugh Cairns had given it his entire and un-

qualified approval.
Mr. WHITESIDE opposed the bill, his main objection
being that it did not touch the law of settlement or entail.
Instead of amending the existing registration of deeds
and registration of judgment offices, it established an
antagonistic system that might plunge the country into
inextricable difficulty and confusion. The bill ought to be
referred to a select committee for the purpose of consider-

ing clauses which in their present shape were likely to be
attended with worse results than any bill relating to real

property that had ever been laid upon the table.
Sir G. BOWYER had no objection to the measure so far
asit went to record titles which had been established under
the Landed Estates Court ; but if they recognised the
principle that a court of law was to be constituted for the
transfer of landed property, it would be fatal to the juris-
prudence of the country regarding real estates ; for they
no more wanted a court for the transfer of landed property
than they wanted a court for the sale of a horse or a pig.
Sir H. CAIRNS supported the bill, and observed that a
court had already been established to declare an indefeasible
title in the first instance, and all the bill did was to enable
the court to mark the subsequent devolutions of the estate
and declare with regard to each that which had been done
in respect of the first title. The fact that the bill was en-
tirely permissive, and that it was not obligatory on a per-
son to put an estate upon the record, was a sufficient
answer to the greater part of the objections which had been
raised against it. With reference to the suggestion to send
the measure to a select committee, looking at the conside-
ration it had received in the House of Lords, and seeing
that its clauses were virtually the same as those which had
been passed for England, that the session was far advanced
and that the bill was anxiously desired in Ireland, he
trusted the Government would endeavour to induce the
house to pass it through a committee of the whole house,
and not delay its success by referring it to a select com-

mittee.
Mr. MALINS supported the second reading, as the bill
was regarded with so much favour in Ireland, but he
warned the house that it would not do away with all the
difficulties attendant on the transfer of land. On the con-
trary, he believed it would render the system even more
complicated than at present.
The bill was also supported by Mr. Cogan, Mr. Long-
field and Mr. Murphy, and eventually read a second time.
COUNTY COURTS EQUITABLE JURISDICTION