The Sun.
London, England, 1858-03-17 00:00:00

TRUSTEES' RELIEF BILL.

On the motion of Lord ST. LEONARDO, the house
went into committee on this bill. The whole of the
clauses were agreed to with a few verbal amendments,
and the report was ordered to be received on Friday
neat.

TRANSFER OF ESTATES SIMPLIFICATION

BILL.

Lord ST. LEONARDS, in moving that the house go
into committee on this bill, said the object of the bid
was to simplify and make less expensive the transfer of
titles from a vendor to a purchaser. In order to create a
limitation against the claims of persons on estates, it had
been the custom to levy a fine, as it was called, a mere
form, a kind of suit in which all the parties concurred,
and that suit being concluded was considered to consti-
tute a title. But if a person had an interest in remainder
he was allowed five years from the time at which he had
a right to make entry, in which to take proceedings,. In-
dependent of that there was a statute of Henry VIII.,
which made 60 years a bar to all actions for the recovery
of real estate, and by a later statute of James 1., 20
years was fixed. And so the law continued till William
IV., and then a new statute was passed, which took 30
years as the common law to everybody from the time
the right accrued. But that statute also saved the rights
of persons who were labouring under disability, and gave
them 10 years, and confined the whole period to 40 years,
giving them a title as against all the world at the end of
40 years. It would have been a great boon to owners of
property and purchasers if abstracts of title had been
limited to 40 years ; but it was the custom to extend
them to 00 years, in order to guard against a case which
did not occur in 1 purchase in 5,000, the case of a tenant
for life selling an estate as an estate in fee. Is order to
guard against that particular case, all the owners of
landed property in England were subject as effecting a
sale to an additional charge for the abstract of title, and
the purchaser was also pet to great expense in having to
investigate the title so far back. The object of this bill
was to shorten the time within which actions might be
brought for the recovery of real estate, and also to li
shorten the period f.,r which the abstract of title should
be made out. He proposed that 20 years should be the
common time applicable to all the world, within which
actions might be brought. But then there might be
same persons labouring under debility. He proposed,
as under the statute of fines, to give them five years
to prosecute their rights after their disability ceased.
And, with regard to the remainder man, whose right did
not accrue till after the death of the tenant for life, and
he could not tell when that would happen—to meet this
he proposed that any person having an estate in re-
mainder might go to Chancery and obtain a decree giving
him the right of Entry, when he would properly fall into
possession. He believed that would be found to meet
every possible case, and would be a very great boon to
purchasers. Then, by this bill, in future abstracts cf
title need not go beyond 40 years. The danger to be
guarded against was a person selling an estate which was
under settlement, suppressing the fact of the settlement.
It might be feared that a person would sell an estate
which was settled on himself, for life, and after his
death upon his children. It might be asked, would
they bar children as against a purchaser 1 And he an-
swered, yes. In the first place, he had never known a
single instance of a tenant for life having sold an estate
as an estate in fee.

Lord WENSLEYDALE was understood to remark
that such eases had occurred.
Lord ST. LEONARDS did not say it had never hap-
pened, but it had never happened within his experience,
and he had had more experience than any member of
that house. It was very improbable that it should hap-
pen. The wife, or the children, or the trustees, would
in all probability hear of the intended sale, and prevent
it. But there were two provisions in the bill to prevent
such cases from occurring. The one was, that if a tenant
for life should sell an estate as an estate in fee, the pur-
chase-money in his hands should be trest money for
those who would be entitled in remainder, and he should
lose all interest in it for his life. But there was another
and a better provision, which was, that if a tenant for
life, or his solicitors, should sell an estate, and should
suppress a settlement or deed, or alter a pedigree, he
should be held to have committed a misdemeanour, and
be fined and imprisoned, with or without hard labour.
There was another question—that of judgments. He
would provide that the records might be searched on pay-
ment of a small sum in order to discover whether there
were any judgments. Bui-, there was no reason why
judgment should be charges against a purchaser. He
did not propose to take away the general effect of a
judgment, but he proposal that if the person who has
obtained a judgment does not issue execution within a
certain time, the judgment shall be void as against the
purchaser who has paid his purchase-money. There
were several other provisions of importance, and in
committee he should be happy to hear any suggestions
by which the objects of the bill could be better carried
out.

Lord CRANWORTH said he thought there could be
no objection to the course which his noble friend pro-
posed. His noble and learned friend had truly said this
was a most important measure, and his fear was that,
important at it was, it was little likely to receive all the
attention which it ought at the hands, not of those who
were designated the law lords', but of the lay lords, be-
cause it to a great degree affected the interest of every
landholder in the country. This was a bill which went
not merely to the technicality of the law, but to the
very root of that which constituted the enjoyment of
property. He was not going to follow his noble and
learned friend into the details of the bill, but he would
at once say that several of the alterations it made were
extremely desirable. He thought nothing could be better
than the provision that selling land under a false title,
knowing it to be false, should be made a crime punish-
able just in the same manner as was the crime of obtain-
ing goods by false pretences. And when Lis noble and
learned friend mentioned it to him, he would do him the
justice to say that he suggested that the imprisonment
might be with or without hard labour. This crime was
providei for by the civil law and by the French code,
and it oeght to be provided for by our law. He would
simply call their lordships' attention to the main objrct
of the. bill, in order that it might be distinctly understood
in what way the bill would affect property. By law as it
now stood there was a limitation of 20 years within
which any person mu-,t assert an adverse title to the land
in possession of another, or ever hold his peace. Tne law
had drawn a line of twenty years, and that had been
found a convenient rule. But his noble and learned
friend proposed that the adverse party should bring his
suit within 20 years of the time to which the property
might be sold to a purchaser. That would be no ad-
vantage to the purchaser, but it would be monstrously
unjust to persons whose rights were not in existence at
the time of the sale. A person might have a contingent
interest of which he knew nothing. Such cases might
not ordinarily occur, but legislation of that kind might
operate enormous injustice. As a means of remedying
the inconvenience which might arise, his noble and
learned friend proposed that during the 20 years any
person whose interest was reversionary might file a bill
in Chaneere for the purpose of having his right declared.
no,tst'os.i.th aetzr
Gired/.w.eteld that be for those who were not
kllear, hear) he aware of their rights?
would
heir lordships, and particu-
lie:tt'ruett'.4lt
larl/.ttie lay lords,
i,to,l,tzsei,llf
„consider the Proposal,
and whether in giving
they were
reogp'erty which
not snaking the stability of the tirtlieTtch
at ma. distant day they might have the greatest cause to reg,l,l9t;
Afteirs few words from Lord Si. Litotsanna in reple
The '"LORD CHANCELLOR said he thought
would ba quite
impossible.
to discuss the important pro.
visions oi the bill
fully in the house.
The questions
which it involved were not only of great importance, but
many
of technical nature, requiring great
care andof thateteni were
ntiooand at some future time he should
,
props° to refer the; bill to a committee
o mmit up
teestairsF. a
fo(grear.ma
The bill then passed tbrough c
and was orderei to be reported.
LAW OF PROPERTY AMENDMENT
Lord ST. LEONARDS moved the sercEondTreßadningLof
this bill, and was about to explain its provisions, when
Lord CRANWORTH interposed, and expressed a
hope that his noble and learned friend would give fur-

ther time for the consideration of so important a bill,
which had only been placed in their lords)43' hands
that day. (Hear.)
Lord ST. LEONARDS acceded to the suggestion,
and the second reading was postponed until Monday
next.
EAST INDIA LOAN BILL.

The Earl of ELLENBOROUGH, in moving the
second reading of this bill, said their lordships were well
aware that many pecuniary difficulties had arise* from
the present unfortunate state of affairs in India, and
the object of the bill was to enable the East India Com-
pany to raise by bonds and debentures the sum of
8,000,000/., and to give the company power at a future
period to raise other sums for paying of such bonds and
debentures as might be thus raised. There was an ex-
tremely useful clause in the bill, requiring a full account
of all the liabilities and debts, under different heads, of
the East India Company to be laid before Parliament for
the present and the next year. On the 31st January last
the East India Company had in cash the sum of
734,0001. ; in Exchequer-bills and bonds, 1,800,0001.,
besides 285,0001. from other sources, making a total of
2,819,0001. Their premises in Leadenhall street and
other places were stated to be worth 547,0001., and their
unshipped stores, steamers, &c., were valued at more
than 300,0001., making together about 951,000/.
Against the amount in hand there was an actual debt
0fi9,837,0001. On looking at the receipts for the list
year, he found considerable sums which could not arise
during the present year. To meet the expenditure of
next year, which would amount to 5,670,000/., the com-
pany had not more than 1,000,0001. ; and it was there-
fore absolutely necessary to increase their harrowing
powers. At present they had an unexhauated borrowing
power to the extent of 1,000,0001., so that after the
passing of the present bill their borrowing powers would
reach 9,000,000/. He regretted that the late Government
had acquiesced in the suggestion for limiting the bor-
rowing powers in the bill to 8,000,0001. Although the
East India Company had some difficulty in meeting their
present payments, there was not the smallest doubt as
to their ability to meet every demand upon them. With
regard to the state of affairs in India, he believed that
by the end of the present month the commander•in-chief
would have taken possession of Lucknow. (Hear.) He
had no doubt that the bands of rebels who had congre-
gated there would by that time have bees driven out
by a fire under which no man could live. (Hear.) After
the commencement of April in hie opinion there
would be no considerable force of the rebels remaining
in a body. No doubt for some time there would be de-
sultory and predatory movements, and great necessity
would-exist for strenuous exertions to put them down
and restore that country to a state of tranquillity. Bat
he trusted that by the beginning of April our troops
would he found in the palaces of Lucknow, and that no
' large bodies of mutineers would be found acting to-
gether. (Elear.)

Lord MONTEAGLE said he intended to make some
observations during the progress of the bill, but would
defer them until after the production of the returns for
which he had moved.

Earl GRANVILLE expressed his sat4faction at the
prospect which the noble earl held out as to the state of
affairs in India,
The bill was then read a second time.
PRIVATE BILLS.

Lord REDESDA.LE moved that no private bill should
be read a second time after Tuesday, the 20th of July
next ; that no bill confirming any provisional order of
the Board of Health, or authorising any enclosure of
lands under special report of the Enclosure Commis-
sioners of England and Wales, or for confirming any
scheme of the Cbarity Commissioners for England and
Wales, should be read a second time after Tuesday, the
20. h day of July next ; that when a bill should have
passel thii house with amendments, these orders should
not appy to any new bill sent up from the House of Com-
mons, which the chairman cf comosittees should report
to the house was substantially the same as the bill so
amended.

The motion was agreed to.
OPERATIONS IN INDIA—(VOTE OF THANKS.)
The Earl of ELLENBOROUGH moved that the
first resolution of their lordships, giving a ♦ote of
thanks to Lord Canning and the other high official
persons in India, on the Bth February, be read, for
the purpose of including in that resolution a ♦ote of
thanks to the Hon. Frederick James Halliday, Lieut.-
Governor of Bengal. He believed that the omission in
the resolution proposed by the late Government was
entirely accidental. (Hear.) Mr. Halliday, who was
a civilian, had done extremely good service iu India, in
the preparation of the commissariat supplies and dawk
conveyances, and had given tne utmost satisfaction to
all persons with whom he had to deal in the great pro-
vince of Bengal. The day before yesterday:a paper came
into his hands containing the representations of various
officers as to the extremely satisfactory arrangements
which had been made by Mr. Halliday. An Eogli.h-
man, on landing in India, was seldom satisfied with the
preparations for his reception. Quite the contrary. But
in the paper to which he had referred the arrangements
made by Mr. Halliday were described as " all good,"—
"everything good,"—"everything was arranged to our
entire satisfaction,"—" all in good condition,"—" suffi-
cient quantity,"—''good quality,"— "arrangements
quite perfect,"—to rations excellent,"—" the men re-
ceived every possible attention." It was a very great
merit on the part of a public officer to provide for the
troops and give satisfaction under circumstances of so
muoh difficulty, and it was nothing but justice to make
a proper acknowledgment of such services. (Hear.) He
wished to take that opportunity of stating to their lord-
ships that her Majesty had been graciously pleased to
declare her intention of conferring a baronetcy on the
son of the late Sir H. Lawrence, and that it was the in-
tention of the Court of Directors to propose to the Couit
of Proprietors the grant of an annuity of 1,0001. a-year.
(Cheers.)

Lord .PANNIURE, in cordially seconding the propo-
sition which had just been made, said that the reason of
the omission of Mr. Halliday's name had been accu-
rately stated by the noble earl opposite. There could
be no doubt that Mr Halliday had done a great deal
towards the success of the movement of the troops of
India, but many of the acts for which he had received
credit had been the consequence of the excellent arrange-
ments of Lord Canning. He had heard with great satis-
faction the announcement cf her Majesty's intention to
honour the son of Sir H. Lawrence, and of the vote in-
tended to be proposed by the Court of Directors. He
was sure the country would rejoice in the payment of
such a tribute to the memory of one of the best servants
of the country, and one of the most loyal and eminent
of her Majesty's subjects. (Cheers.)
The motion was then put and agreed to, and their
lordships adjourned.

HOUSE OF COMMONS.—(YE4TERDAY.)
The SPEAKER took the chair at 4 o'clock.

PRIVATE BUSINESS.

The following private bills were read a second time :
—Portamna Bridge (Ireland), and Halifax Park and
Improvements.

PETITIONS.

Numerous petitions were presented against the admix•
sion of Jews to Parliament, and the legalising marriage
with a deceased wife's sister ; against the toll on Chelsea
New Bridge ; for Parliamentary Reform, Christianity
in India, &c. kc.

CASHEL ELECTION.
The SPEAKER announced that he had received a
letter from the agent of Mr. I. G. Scully, intimating
that he did not intend to proceed with the petition
charging him with bribery and corruption at the late
election for the borough of Cashel, and he applied for
the discharge of the order.
Mr. WALPOLE moved that the application should
be referred to the General Committee on Election, to
whom the petition had been referre i as to course of pro-
cedure. He doubted if the petition could now be dis-
charged in the manner proposed.
Mr. J. D. FITZGERALD urged that the house
was in a position to deal with the petition at once. He
should not, however,_ oppose the motion of the right
hon. gentleman the Home Secretary.
After some remarks from Col. FRENIII, Sir F. BARING
suggested the debate should be adjourned to give the
Government an opportunity of examining the law on
the subject.
Mr. Secretary WALPOLE said he thought it would
be better to adjourn the debate. In the meantime the
facts of the case could be ascertained, and the state of
the law in reference to it.

Mr. BAGWELL suggested that the petition should
be discharged at once. It would not affect the sitting
member if that course were adopted. This was the
fourth petition that had been presented, and three of
them had been withdrawn. He thought it looked some-
thing like persecution to compel the prosecution of this
petition.
After some remarks from Mr. Va.Nes and Sir G.
GREY, the debate was adjourned till Tuesday next.
SECRETARY OF STATE FOR SCOTLAND.
Mr. BAXTER gave notice that, shortly after the
Easter recess, he should move that it was the opinion of
this house that an Under-Secretary of State for Scot'and
should be appointed for the discharge of the political
duties at present attached to the office of Lord Advocate.
INDIAN ARMY REGULATIONS.
Mr. FAGAN gave notice that on Friday next he
should call the attention of the Secretary for War to
the Indian army regulations relative to the children of
soldiers under four years of age, and its effect with refe-
rence to Roman Catholic children.
TURNPIKE TRUSTS.

Col. WESTON gave notice that on Thursday next he
should put a question to her Majesty's Government rela-
tive to the abolition Af turnpike trusts,.
MEDICAL PRACTITIONERS.

Mr. COWPER gave notice that he should, on the
23d, move to inrroduce a bill for the regulation and
classification of practitioners in medicine and surgery.

PERSECUTION OF ROMAN CATHOLIC
SOLDIERS.

Captain O'CONNELL asked the Secretary fur War
whether he bad heard a statetnent that Brevet-Maj .r
Ward, commanding her Majesty's 60th Rifles at Arcot,
ordered two Roman Catholic soldiers to the guard-
room for refusing to attend the service of the Estab-
lished Church on Christmas•day last ?
IlGeneral PEEL said he had made inquiries at the
iihazo:7:ll,l:Lodffsobrrumelavtive to the question put to him, and he
convoit&TioN
cil7clipTuourrrteEnheacediTbyeenorFecLeioveNdpboy
Nth.e
Mr. lIRA.DY a:nnelwta.eZee!etary for the Rome De
partment whether it
ifnotention of the Govern-
ment to proceed with the bill
better regulation
of the Corporation of the City of Itol 1 e
Mr. WALPOLE aaid it waa I,ZIIn '1
that the bill should be referred to the c'retention
to
move
mratttee to whom
tha late Government proposed to refer it.
THE CASE OF MR. HODGE.
r HORSMAN put a question to the Chancellor at
thegEach( quer re give to the apprehension of Mr.

Hodge in'Sardinia, and asked if her Majesty's Govern.
raent had any objection to his stating the circumstances
connected with the apprehension of Mr. Hodge ; and
next, what was the nature of the correspondence that
had passed between the Sardinian and English Govern-
ments in reference to it ?
The CHANCELLOR of the EXCHEQUER said
There is a treaty and extradition between the French and
Sardinian Governments, under which Mr. Hodge had
been arrested in Sardinia on some allegations connected
with the late attempt on the life of the Emperor of the
French. His person was demanded to be surrendered to
the French Government ; but it appears that by the
treaty Sardinia could not comply with that request with-
out previously obtaining the consent of the English
Government. Under these circumstances a demand
WAS made to her Majesty's Government that Mr. Hodge
should be surrendered by the Sardinian Government to
France. Her Majesty's Government, in consequence,
requested that the papers seized on Mr. Hodge's person,
which were the foundation of the demand, should be sent to
England, which was accordingly done, and her Majesty's
Government, after having examined them, and being of
opinion they were not sufficient to warrant the com-
mittal of Mr. Hodge by a magistrate in England
—(cheers)--we have declined to consent to the demand
of the French Government. (Loud cheers.) There has
been public statements made relative to the dangerous
state of Mr. Hodge's health, and that he was subjected
to ♦ery severe imprisonment. Her Majesty's Govern-
ment instructed our Minister at Turin to inquire into the
matter, and place himself in communication with Mr.
Hodge. That gentleman did so, and found Mr. Hodge was
suffering from a pulmonary complaint, and he had de•
mended from the Sardinian Government that Mr.
Hodge's imprisonment should cease as soon as their
fermi, of law would permit. (Cheers.)
Mr. HO RSMAN asked if the correspondence between
the respective Governments was concluded ; and, if so,
if the right hon. gentleman would lay it on the table of
the house I

The CHANCELLOR of the EXCHEQUER said the
correspondence was very slight, having been chiefly
carried o❑ by telegraph, and he thought it better to de
cline laying it on the table of the house. (Hear, hear.)
The subject then dropped.