The Sun.
London, England, 1857-07-04 00:00:00

begged to direct their lordships' attention to the working
of the Encumbered Estates Court in Ireland. In the
period of five years ending in 1854 no fewer than 2,400
cases were tried and disposed of by that Court. Of these
1,448 terminated in sal., and the value of the property
sold amounted to 14,133,0001 , there-having been given
in each case an absolute indefeasible Parliamentary title.
The cost of the whole proceedings was exceedingly light,
but if it bad been much larger it would have been as no-
thing compared with the incalculable advantages obtained
under the act. So much were these advantages appre-
ciated that in many instances frauds were committed in
order to bring property under the operation of the act.
Perhaps they might be called pious frauds, though on
that point he was not called to give an opinion ; but at
the same time, he might say that as be did not believe
there was such a thing as a white lie, so neither did he
believe there could be a pious fraud. But, at any rate,
frauds were committed. People trumped up debts—
signed bills, for example, when there was no transactions,
and made it appear that there encumbrances on pro-
perty, so as to enable them to come within the scope
and the advantages of the Encumbered Estates Court.
Now, why should inestimable benefits like these be con-
fined to encumbered estates ? He thought there ought
to be an extension of the Encumbered Estates Act to all
cases—that principle to be carried out by proceeding in
the Court of Chancery, where a modification in the pro-
cedure now in force ought to take place. An indefeasible
title was given to all land purchased and sold under the
Ordnance Department, compensation being given if
within a certain period a claim was put forward for the
land ; and he saw no reason why they should not go
across the channel to France for an example of legislation
on this point. in that country the period of "limitation,"
as it was called, was 10 years, whereas in our own coun-
try it was 30, and in many cases 40 years. It was no
doubt suspicious to be asked to copy foreign institutions,
bat when those institutions were found to have produced
great good, as the laws regulating the transfer of land in
Ireland, in France, Belgium, and America had done,
it would be most improper not to avail ourselves of the
examples which those countries afforded. He hoped the
noble and learned lord on the woolsack would be able to
assure the house that bills upon this subject were in a i
forward state, and would be speedily laid before Parlia-
ment. He would only add, that it was of the greatest
importance that those who were intrusted with the
drawing up of titles to property should possess a com-
plete and accurate knowledge of their profession, and
therefore he trusted that the Inns of Court would see
the necessity of requiring all persons to undergo a com-
pulsory examination before being called to the bar.
The LORD CHANCELLOR said the subject referred
to by the noble and learned lird was as difficult as it
was important, and had not escaped the attention of the
Government. Soon after he received the Great Seal, in
1853, he introduced a bill which tended to facilitate the
transfer of land. The bill passed their lordship's house,
bat did not become law, it having been referred to a
committee of the other house, which recommended the
appointment of a commission to consider the whole sub-
ject. A Royal Commission was accordingly issued in
1853, but, although the commissioners had not been
idle, they were not able to present a report until the
present year. In the meantime, however, he had pre-
pared a measure which he believed would be found in
harmony with the recommendations of the commission-
ers, and that bill he hoped soon to be able to lay upon
the table of their lordships' house. One of the greatest
complications which were found in dealing with landed
property arose from the imperfect manner in which
charges upon such property were made. The bill to
which he referred proposed to substitute a more simple
for the present complicated system of mortgages and
judgments, and to allow a declaration to be made of
any charga given to any person upon any particular pro-
perty, and instead of there lasing contained in the same
instrument powers of sale, of appointing receivers, &c.,
as now, he proposed that a mere charge upon land should
contain all the provisions now to be found in mortgage
deeds. He also proposed that the Court of Common Pleas
should establish a register of mortgage', so that any oue
about to purchase or lend money upon land might ascer-
tain exactly the charges which were upon it. He feared
that the varied nature of our settlements and the various
uses to which land was applied in this country rendered
it chimerical to expect that the transfer of land could
ever be made as easy as the transfer of bank stock, but
be thought, nevertheless, that great improvements might
be effected, and he could assure their lordships that dur-
ing the ensuing recess the subject should receive his
fullest attention.
Lord CAMPBELL expressed a hope that the laws
relatin ,to real property would soon be amended. He
had ho that he might go down to posterity as the
author General Registration Act, but that honour
ilr,
vpss dens d him. He rejoiced to find, however, that the
subject was again taken up, and he should certainly give
it his most earnest support.
Earl FITZ WILLIAM suggested that io addition to
establishing a new form of conveyance all other forms
should be rendered absolutely illegal. Without an en-
actment of that kind, any measure which might be
passed would fail to cure the evil. He did not think
that it would be easy, even if desirable, to transfer land
with the same facility as bank stock.
The subject was then allowed to drop.
ST. JAMES'S PARK.
The Earl of MALMESBURY, understanding that
there was to be a Council that evening at the Palace, at
which noble Voris opposite were probably anxious to be
present, woule pestpone his motion on the subject of St.
James's Park to a future day.
SALE OF OBSCENE BOOKS, &c., PREVENTION
BILL.

Lord CAMPBELL regretted that he could not follow
the noble earl's example, and postpone this bill, but he
feared if he did not bring it forward that evening there
would be no hope of carrying the measure during this ses-
sion. When he moved the second reading he was much
surprised at the remarks made by, and the opposition he
met with from his noble and learned friend opposite, and ho
made up his mind at the moment to abandon the bill
altogether; but since that he had received such strong
solicitations to proceed with it from various members of
that house, from many clergymen of all denominations,
medical men, fathers of families, and from young men
who them•elves had been inveigled into these recep-
tacles of abomination, and suffered most lamentable con-
sequences from their indiseretion, that he felt it his duty
to bring the measure again under their lordships' con-
sideration, and having made various alterations in it to
meet the objections advanced on the second reading he
hoped it would now meet with their approbation. He
bad no desire to interfere with books, or pictures, or
prints, such as his noble and learned friend (Lord Lynd-
buret) had described. The keeping, or the buying, or
the liking, of such things must always be left to the
taste of individuals. It was not a subject for law that
persons designedly manufactured such things as the hid
did refer to with the intention of corrupting the public
morals—it was necessary for the law to interpose and
save the public from the contamination that such things
were calculated to produce. He now knew more cer-
tainly than he did before that there were receptacles for
the sale of lewd books and prints, and that the most
lamentable effects were the consequence, and which the
present state of the law was altogether insufficient to
meet. An indictment might be brought, but the con-
viction acted as an advertisement of the place where
such publications were to be obtained, and the result
was to increase the sale. The only remedy was to give
a right—(accompanied, of course, with such safeguards
as should prevent abuse)—to search for these immoral
books and prints, and to seize them. He did not pro-
pose to create any new offence a misdemeanour—as it
was, he proposed to give additional facilities for dis-
covering the perpetrators of it and bringing them to
justice. He had modified the bill in a manner that
he trusted would relieve it from any further objec-
tion. It consisted originally only of two clauses ;
one empowering the justice, upon an affidavit being
made that there was reason to suspect that these pub-
lications were kept for sale or exhibition at a par-
flea/Jr place, to issue his warrant to search and to seize
The other clause gave a power to the Chief Commissioner
of Police, on reasonable ground, to issue a warrant for
the same purpose. He confessed be did not think the
liberty of the subject would have been in any great dan-
ger if, in such cases, the same power was given to the
police of this metropolis which the police of every other
capital in Europe possessed. That was, however, ob-
jected to by his noble and learned friend, and he (Lord
Campbell) was most reluctantly compelled to abandon that
part of the bill, and to accept the bill as he could get
it, on the principle that halt a loaf was better than no
bread, (" Hear, hear," and a laugh.) He proposed
also to amend the first clause, by requiring that the com-
plainant should make affidavit that he bad reason " to be-
lieve" such books and prints were kept in store for the
purposes of sale or exhibition at a particular place, instead
of that he had reason " to suspect," and that he should
set forth the grounds of his belief, whereupon the justice,
if satisfied with such grounds, should issue his
warrant ; that was if he was satisfied there wero suffi-
cient grounds for believing that there were such books
and prints for sale, the Bale or exposure of which would
amount to a misdemeanour at common law. Further,
he required that the magistrate should not only be satis•
fled that they were such books as would amount to a
misdemeanour, but a misdemeanour prosecutable by in-
dictment.
Lord LYNDHURST—Are those all the chane
Lord CAMPBELL—There were others,but they
were all in the form of safeguards. He concluded by
moving the committee on the bill.
The house went into committee accordingly, and the
clauses were agreed to.
,The Sites for Workhouses 13111 and Charitable Uses
Bill were read a second time.

. The Gland Juries (Ireland) Act (1836) Amendment
,Bill, the Turnpike Trusts Arrangement Bill, and the
Henly Borough Incorporation Bill were severally read
a third time and passed,

Tke Militia (Ireland) Act (1354) Amendment Bill
passed through committee.
The Dulwich College Bill and the Oxford University
Bill were reported with amendments. _

Their lordships adjourned at a quarter-past 7 o'clock

ROUSE OF COMMONS.—(YESTERDAY.)
and Clyde Juno-
The SPRAXER took the chair at four o'clock.
The Lord, Aniendments to the Forth
tion Railway and Saint Philip's Church (Liverpool) Bills
were considered and agreed to.
The London Gas Light Company (Capital); Metro-
politan Cattle Market • North Level Drainage ;
Roads ; Reading Railways Junction Railway
Salisbury and Yeovil Railway Orkney
South - E
Rail way (Greenwich Junction to Dartford, &c.), Sasterr wan - sea HGas,o and West of Fiarbur Trust and S.wansea Dock Company, Vic
toria fe
read a third time and passed. Mineral Railway bills wer
The Bourne and Essendine Railwa ,
y, Ilington Pari
Acts Amendment; Rhymney Rail way ; Tsweed Fisheriess!; Lancaster and Carlisle and Ingietort Railway ; and