The Sun.
London, England, 1860-04-26 00:00:00

LAW OF PROPERTY BILL.

On the motion for going into committee on this bill, which
came from the Lords'
Mr. HADFIELD complained that by the existing
statutes law courts imposed restrictions upon the invest-
ments of trustees, by which they were required to invest the
trust funds in such annuities as Consols, while there were
other investments equally safe, and which would yield large
annuities. That was a state of things which necessarily
operated most unjustly in regard to those possessed of pro-
perty, and he referred to certain cases to show the extent of
that injurious operation. He thought therefore that a
clause extending the power of trustees with respect to in-
vestments should be introduced into the bill.
The house then went into committee.
On clause 1,

Mr. HODGKINSON considered that in the case of
maltsters injustice was inflicted. If a person became se-
curity for a person engaged in that business, his security
was immediately registered and made a mortgage on his
property, which was a great hardship. He had personal
experience of this matter, and he suggested ceztain altera-
tions in the clause that would remedy the evil of which he
complained. The present state of the law between a bonds-
man and the Crown was most unsatisfactory.
Mr. WALPOLE objected to the amendment, on the
ground that Crown debtors stood in an exceptional position.
Sir G. C. LEWIS said this matter concerned the depart-
ment of the Chancellor of the Exchequer, and he was not
competent to give an opinion on it. He considered the best
course to adopt would be to postpone the consideration of
the clause.

—After some remarks from Sir F. KELLY and Sir F.
GOLDSMID,
Mr. ROLT strongly objected to the clause as going to
the extent of sweeping away all registered judgment secu-
rities on laud, and debtors, to prevent an immediate execu-
tion, must effect a mortgage deed. The fact was that a
registered judgment was now an equitable mortgage upon
land, obtainable by a cheap and simple process, which, he
contended, was valuable alike to debtor and creditor.

Mr. WHITESIDE said th it there was no principle of
law which made a registered judgment a lien on property.
He alluded to cases in Ireland, in which the adoption of this
practice proved ruinous to creditors. Under the circum-
stances, he would cordially support the clause.
Mr. LONGFIELD considered that the clause should be
postponed, as the subject to which it referred was too large
and important to be dealt with in the summary manner
proposed.
After some further discussion, the amendment was with-
drawn.
Mr. lIADFIELD moved as an amendment. to insert in
page 1, clause 1, line 12, after " recognisance," " to be en-
tered up after the passing of the present act," the object
of which was to prevent the bill having a retrospective
operation.
Mr: HENLEY opposed the amendment. . •
Mr. WALPOLE followed on the same side, and con-

tended that the effect,of the amendment would be that
search should be made for judgments for twenty years
before there could be a sale of landed property. He thought
there might be exceptions to the amendment, but not of the
character already urged, and he considered the bill, pro
Canto as a step in the right direction.
Mr. BARROW said that the expense of making searches
for these judgments was so great, and he spoke from per-
sonal experience, that the effect was that they were not
made in the case of small freeholders. This clause, to a
certain extent, afforded security with reference to the pur-
chaser of freehold property, and, therefore, he would give
it his support.
Mr. BOLT considered that the amendment of the hon.
member for Sheffield should pass with the clause.
Mr. DEASEY opposed the clause, as not affording the
necessary facilities for effecting the sale and transfer of land
it promised, and being calculated to cause great inconvenience
to landed owners against whom judgments were obtained.
Mr. MURRAY thought the clause should be postponed,
until the hon. member who had care of the bill had a con-
ference with the hon. members who had taken a part in the
debate.

After a few words from Mr. Al‘blAno's and Mr. HAD-
FIELD, the amendment was negatived.
Sir G. C. LEWIS considered, in order to give effect
to what was the real citject of the bill, namely, facilitating
the sale of land, that the proviso for making searches
within three calendar months should be omitted.

Mr. E. JAMES supported the bill, as its object was to
place personal and freehold property in the same position as
related to sale of land.
The house divided on the question that the clause stand
part of the bill, and the numbers were—
For the motion
Against it
Majority —7o
The clause was then agreed to.
The clauses to No. 6 were agreed to, with a proviso that
the same were4lot to extend to Ireland.
Some discussion in reference to the latter clause took
place, but ultimately it was agreed to.
On clause 7,
Mr. M'MAHON objected that its operation would be to
introduce a new law into Ireland in regard to wavers and

covenants in the transfer of land. -
Mr. WALPOLE and Mr. LANGFIELD supported the
clause, and some discussion ensued of a technical and un-
interesting character, and the clause was agreed to.
Clauses 8 and 9 were agreed to.
Mr. HADFIELD moved the omission of clause 10.
Mr. WALPOLE said that the clause provided against
the commission of great frauds that might be committed by
solicitors, which would deprive a purchaser f his rights.
Cases had occurred in which solicitors had charged pur-
chasers with most unnecessary expenses for obtaining ab-
stract of deeds of title. Under this clause the solicitor
had every safeguard against prosecution and for the reco-
very of his costs, and the only object was to protect the pur-
chaser.
Mr. HADFIELD felt bound to press the amendment, as
'he considered the clause placed the legal profession in a
most unfavourable position. ,•
The clause was agreed to, as well as clause 11.
On clause 12,
Mr. ROLT moved the addition of the following proviso :
—" That in every case in which trust funds shall, while
the 32d section has been in operation, have been invested
or have remained invested on real securities in
any part of the United Kingdom, or in the Stock
of the Bank of England or Ireland, or in East India stock,
the rights and duties of the trustees of such trust funds,
and of the persons beneficially interested in such trust
funds, shall be construed and take effect as if the said sec-
tion had not been repealed."
Mr. WALPOLE defended the clause.
After some observalions by Mr. Reit, Mr. Matins, Mr.
Henley, Mr. B. Osborne, Mr. Deasey, Sir F. Kelly, and
other hon. members, the clause was negatived.
The remaining clauses, with some additions, were agreed
to, and the house resumed.
MASTER AND OPERATIVES BILL.
The bill was read a second time and referred to a select
committee.
JEWS ACT AMENDMENT BILL.
This bill passed through committee.
THE PAWNBROKERS ACT AMENDMENT BILL,
This bill was read a third time and passed.
The Police and Towns Improvement (Scotland) Act
Amendment Bill was read a second time.
The house then adjourned at 20 minutes past 5 o'clock.

THE SWISS RIFLEMAN.—With the exception of
America there is no nation which owes more to the indi-
vidual skill of its citizens in the use of the rifle than Swit -
zerlaird. The respect which a true Swiss has for that wea-
pon dates from his youth. He puts aside his_holidays to
public exhibition of his skill in its use, and devotes many a
leisure hour to private practice with it. By the borders of
his lakes—behind the wooden village-houses—in the thick
soft pasturage at th4t foot of the hills in which the dun
cows browse, fetlock deep, you catch sight of his rifle-tar-
get ; indeed, his chief social fault is, that he is a little too
prone to the use of his favourite weapon in his Cantonal
disputes, and that he is not always content to wait for the
blue or white coat, against which he may sooner or lattr
legitimately level it.—Once a Week.
A WORD TO THE SCHOOLMASTER.—Brighton
would, no doubt, look aghast at Dr. Swych, if that worthy
pedagogue should propose to lead out for a few summer
days' martial training upon the downs those young gentle-
men whose exercise in dreary file has so often excited our
sympathy, and it is to be feared, contempt. But we feel
sure that Dr. Swych's young gentlemen would gain im-
mensely, if only by becoming English boys for one week in
the year, and they would return to their Plutarch and
Euripides with a zest and freshness which would sur-
prise Dr. S. beyond measure. Conceive, too, with what,
novel and unbounded delight a week under canvas
in the Windsor Home Park would be received by
Eton. Why, it would more than compensate it
for the loss of its Montem. Andweb
spread,
believe it
would not be long before such an example would
and our English greens and commons would witness a
wholesome revival of that manly pastime of peace which
has fitted Englishmen so well for the stern exercise of war.
—Once a Week.