The Sun.
London, England, 1849-04-27 00:00:00

hear")—and he would add, also, that they exhibited
too much of vanity, and ho would tell the Hon. Member
that Ireland had suffered great misery from the effects of
the policy which the Manchester school had succeeded in
carrying out.—(Cries of" Hear" from the Opposition.)
Leave was then given to bring in the Bill.
ENCUMBERED ESTATES (IRELAND) BILL.
The SOLICITOR GENERAL rose to move for leave
to bring in a Bill further to facilitate the sale of encum-
bered estates in Ireland. To make the plan which her
Majesty's Government proposed intelligible it was ne-
eessaiy that he should recall to the recollection of the
House what they had endeavoured to do by the Encum-
bered Estates Bill of last session, and to describe the
manner of carrying it into effect. The modes by which
it was intended to facilitate the sale of encumbered es-
tates were embodied in a few general and distinct provi-
sions of that Bill. One of these was to proceed by sale,
under the authority of the Court of Chancery. Another
was to proceed by sale not under the authority of the
Court of Chancery, but so that the purchase money
should be paid into the Court of Chancery, and
distributed among the parties who were entitled
to the estate, having an interest either as encum•
brancers or as owners. Both provisions had proved
wholly ineffectual up to the present time.—(Hear, hear.)
Totally independent of the measure itself; there were
peculiar circumstances connected with Ireland, which
made it very difficult for any measure to succeed. The
House would bear in mind that it was of course essential
to the success of any plan that the class of purchasers
should exist; and he believed there was very great diffi-
culty in disposing of land in the circumstances which
had latterly existed in Ireland. But undoubtedly there
were difficulties in regard to the provisions of the Bill
which created great impediments to its effectual operation.
With respect to the sale which had been proposed to be
carried on out of court, it Wes then thought that the
most efficient plan would be to sell the estate at once,
and to have any dispute which might arise settled inde-
pendently of the question of money. But, as it was ne-
cessary to give an absolutely indefeasible title, a series of
notices, consents, and registrations was required; and,
further, the estate must be sold for its full value. The
forms of proceeding involved much expense, and the object
of the present measure was to obviate those difficulties
by resorting to a course which was undoubtedly not
new, which had been suggested by several gentlemen,
and which had been before the Government for a consi-
derable period; but they thought it beat to create a com-
mission, who should be able to perform the functions
which had been performed up to the present time by the
Court of Chancery, who should be unfettered by the
rules of procedure which now existed—(Hear, hear)
and who should also be .able to perform their duties
without the expense arising from fees, and from the
antiquated system which could not be immediately re-
moved from that Court. The present proposal was
not without precedent; and there was one in a case
which was closely allied, and which seemed to have suc-
ceeded; ho meant the West India Commission, appoint-
ed to distribute 20,000,000 of money among the owners
of West India estates. They bad to inquire who were the
parties owners of estates, because the compensation was
to be given to owners and incumbrancers according to
their priority. They performed their functions not only
without blame, but with the greatest possible praise, at
very little expense, with very few appeals, and to the
general satisfaction of those persona whose rights they
had to adjudicate upon, and of the public at large.—
(Hear, hear.) It was proposed, therefore, to appoint a
Commission of three paid commissioners with a secretary;
that those commissioners should follow the same course
with the West India Commission ; that was, should
themselves frame a set of rules for their guidance, to be
submitted to the Privy Council of Ireland, and, when
sanctioned by it, to have the same force as if they had
been enacted on the part of Parliament ; that the Com-
mission should have power from time to time to alter
and vary those rules. First, it was proposed
to lay a restriction on the Commissioners that they
should not frame rules by which any fees
should be levied. It was further proposed that the
Commission should deal with applications which might
be made to it within three years from its appointment ;
though it would probably be necessary that it
should continue for two years more. It was proposed to
invest the Commissioners with all the powers of the
Court of Chancery in respect to the production of evi-
ideecnecree.b r
aleVeheevr eefa pepel i ceasttiaotne wt
haesy madeweel
would
et heemowner
eodr,
having made such preliminary inquiry as they might
think proper, to proceed to a sale of the property in
such manner end in such portions as they might judge
best. With respect to the conveyance, it was proposed
that the form of the schedule should bo such as was
usual in the conveyance of Crown lands, which, being
executed by the Commissioners, should rest the property
in the purchaser and give a title good against all chal-
lenge.—(Hear,lt was proposed also that the
same powers n
a
e
sif
a
o s puttinghe.vr.)
it
of possession
a purchaser
were inpossessione
d. eeut shouldexecuted.-
be t
at as early a period as possible, and with as simple a
aoanrfeldl
render
certain con-
currentdtthheeerm ewouldt,
snootthbaet nbeecsehs seahrlyd• forbe him
put
nt o
possessionbriog writs
of ofth
ee eject-
meat,
title as possible, and with a title not to be impeached.
pefroplovesleadetdh;atththaet mitonsheyeuslhdoublde be paid ienttoehtheee
Ibaßtmea wuokea among
raised sh
ae s
te
the parties
personsentitled
entitledto
ash
would be for the Commissioners to determine the rights
Questionsproperty;
toar et
e
of parties. Theoretically, though scarcely practically,
it might happen that the Commissioners would have to
dispose of the land of some person who was not pre-
sent, and of whom they knew nothing. Any difficulty
on that score would be prevented by careful examination
on the part of the Commissioners. Though there were
'Sew good marketable tithes in Ireland, all parties having
interests would be iwertainefl, and the Commissioners
would be able to adjudicate so as not to dispose of
the property of any person whom they had not
he
end believedb erore
ai.ord. He said so with the greater confidence, be-
cause in the West India Commission, by which large
seep
is:: tir(gt:lticfteenisr:ih:hhdat
aald.bni been disposed
11d:is
discussed,osed ot
title
t
money had been paid to any one to which he was not
s e entitled.rit instance, Ifth the however,Parliament
shouldiaht deaol occur
with
in
it;th eptre it-
seemed advisable to exclude any provision on the sub-
ject from a Bill intended to carry out measures which
there which
w numbersas eos
were generally thought essential to the regeneration of
Ireland.—(llesr, hear.) It was necessary also that the
Commissioners should have power to send cases for the
opinion of a court of law. Where the Court of Chan-
cery had made any decree or perfected any opsration,
qui ries so
jurisdiction
originated.de b e t
w'tetrl There must
Commissionersbea speries
the Commissioners should hold themselves bound by
such decree, and should have power to complete the in-
Court of Chaucery. It was necessary to determino as to
itshß iigl
functionst
jurisdictiont l ey created
foreff et
which should have the priority for the purposes of the
effectual
specialaeipvre ri
without
(s)
uestthey tribunal,vestai and
g coshga; ei it
notitt
functions and powers necessary to the attainment of the
object in view. Not only were the Commissioners not to
be prevented from dealing with cases pending before the
Court of Chancery, ,but in all cases where a decree of
sale had been made by the Court of Chancery and not
carried into effect, they should carry it into eff. ct. The
Commissioners would never act without application being
made to them. When application was made to them
they would have a paramount jurisdiction, proceedings
in the Court of Chancery would bo stayed, and it was by
the Commissioners that sales would be c irried into effect.
An appeal would be given from the Commissioneis, fol-
lowing the precedent of the West India Commission, to
a Judicial Committee of the Irish Privy Council, to be
selected by the Lord-Lieutenant. It was proposed to
place a restriction on appeals, giving the Commissioners
power to decide whether the case was one in which an
appeal ought to be taken. These were the general pro-
visions and objects of the Bill. It was desirable foot-
ing that
titles hereafter in Ireland should be put on such a
as to prevent them from getting into the `samev state
I,
of complication as now existed. To make roision for
present
that purpose formed no part of the object ofthe
Bill, which, though temporary in its operation, would
Every acre of
yet have generally a beneficial effsct-
land sold under this commission would be held by a title
which could not be questioned. It would indeed be a
great misfortune if, after the lapse of some,3o or 40
years, estates should fall again into the same state of
confusion as now existed, with only this difference, that
the incumbrances might be of 30 or 40 years instead of
60. It was the wish of the Government to make a
change in the system of judgments, so as to prevent
them from becoming a permanent charge on the land.
At present, when money was raised upon property
in Ireland, the judgments were registered and created
a general incumbrance on the estate. That evil
would be remedied by an enactment which, however,
would not have a retrospective e ffect. The Govern•
meet had also considered whether it would not be pos-
sible to introduce an improved system of registration in
Ireland. That question was still under consideration,
but the measure relating to it was not sufficiently ma-
tured to allow of its introduction into the House in the
course of the present session; besides, as the Commission
on registration was about to make its report, it might
be desirable to wait until that document should be before
the House. The feeling of Government, however, was
that it was not enough to liberate the land of Ireland
from incumbrances. but that it was necessary, also, to
take advantage of its freed state to prevent it being
again reduced to its former condition. The great object,
however, which the Government, and, ho believed, the
Right Hon. Baronet, who had suggested a measure of
this description, had in view was to afford an oppor-
tunity . for the investment of capital which would
result in the employment of labour.—(" Hear, hear,"
from Sir Robert Peel.) A wide discretion
must necessarily be invested in the Commissioners ;
they must have the
power of deciding against the sale of
an estate, even though application for that purpose were
made, should the circumstances of the case seem to them
to justify the adoption of that course. On the other
hand, they would have power to sell an estate on appli-
cation
being made to them for that purpose, even though
objection might be made by parties interested, ifit
should appear that the nominal landlord was unable to
perform the duties which properly attached to
of land.—.('Hear," from Sir R. Peel.) It was by
no
means certain that the success of the measure which he
was recommending for the adoption of the House was
beyond all doubt. It was certain, that unless
a class of persons could be found disposed
to invest capital in Ireland, it was impos-
sible that any measura for facilitating the sale of
estates could be productive of benefit. Some persons
might say of the present measure, as was said of the
Incumbered Estates Bill last session, that it would be
inoperative, and that no sales would be effected under it;
whilst others might allege that it would deluge the
market with land, and thereby greatly depreciate the
value of that description of property, to the injury of all
classes of the community. The latter evil would doubt-
less be guarded against by the good sense of the Cora-
-1 missioners: and as to the other objection, that no sales
would take place under the Bill, time sppeoreti to In