The Sun.
London, England, 1857-06-06 00:00:00

A NOBLE LORD said he should like to know whether
the Government meant to make any proposal with re-
gard to manorial rights on the sea.ehore compulsory, the
power possessed by the Crown of calling upon lords of
the manor to produce their titles to wrecks being very
unsatisfactory in their operation.
Lord STANLEY of ALDERLEY said there were
no compulsory powers with regard to the production of
titles ; all that was done was to institute a preliminary
inquiry. With regard to the matters complained of in
the petition, he had no hesitation in saying that the
Government were prepared to give them their best con-
sideration. He saw no objection to giving a power of
appeal from the Court of Admiralty. The inspectors
did not follow any trade, and therefore were likely to
be unprejudiced. With regard to measurement by ton-
nage, ha must observe that no longer ago than 1854
the whole q•ostion involved was submitted to those who
were most competent to judge, namely, representat:ves
of the Admiralty, of the law, of the Trinity House,
and of all the great shipping ports, and they all agreed
to recommend the adoption of the system which was
now in operation.
The Earl of ELLENBOROUGH said he was not
generally in favour of the system of allowing appeals,
considering it best to take care that the court of origi-
nal jurisdiction was ene on which they could rely.
(Hear.) One of the great complaints of the petitioners
was the delay which attended inspection ; and in most
cases the delay which would attend appeals would be a
greater evil than the injury complained of. Consider-
ing that the Merchant Shipping Act was passed only
two or three years ago, he thought the Government
should not on light grounds consent to any alteration
being made in its provisions.
Lord CAMPBELL said the question of manorial
rights having been introduced, he wished to observe,
that he himself, i❑ consequence of having the good or
bad fortune to be the proprietor of an estate near the
sea-shore, in Ireland, received a notice from an officer
of the customs, in Galway, calling upon him to state
whether he meant to claim the wrecks, and if so, on
what title he based his claim in opposition to the Crown
He was told that this inquiry arose out of the consolida-
tion of the laws relating to the mercantile marine. All
he could say in reply was that he obtained his estate
under the Incumbered Estates Act, and upon that act
he must repose.
Lord REDESDALE considered the whole proceed-
ing most unfair. Every proprietor was called upon to
come forward and prove his title to the satisfaction of
the officer of the Crown who was a claimant against him ;
and if he took possession of a wreck without beirg en-
titled to it, he thereby ant jetted himself to a heavy
penalty. The case was altogether one of injustice, and
nothing less than the repeal of the clauses was required.
Lord STANLEY of ALDERLEY must repeat that
no person was compelled to produce his title. All the
act did was to secure to the Crown wrecks which did
not belong to private individuals.
Earl GREY said his own experience was similar to
that of the noble and learned lord (Campbell). The
wrecks on his estate had been claimed for a very long
period, when he received peremptory notice not to take
anything, not ever, a spar no bigger than his stick.
The Earl of DERBY said he had been called upon in
a similar manner. (Laughter.) Like the Earl of Sef-
ton, whose estate joined his own, he was called upon to
show his title to wrecks, and though the wrecks them-
selves might be of little value, the question involved the
right of property in the shore between high and low
water-mark, which was worth many thousand pounds.
He had no reason to complain of the manner in which
he was applied to, but he was peremptorily called upon
not to take possession of any wreck until he had proved
his title.
Lord WYNFORD believed that there were a great
many cases of oppression at that moment.
A Noble LORD observed that having been served with
a notice, he had paid no attention to it, and he bad since
heard no more of the matter. (Laughter.)
Lord STANLEY of ALDERLEY would remind
the noble lord that it was not admitted on the part of
the Crown that his title was established.
Lord CAMPBELL hoped it would not be supposed
that those who took no notice of the matter allowed
judgment to go by default,
Lord BROUGHAM, adverting to the question of ap-
peals, said he admitted that it was desirable to avoid the
multiplication of appeals, and for this purpose original
courts of jurisdiction ought to be made as perfect as pos-
sible; but, on the other hand, there were functional de-
fects as well as structural ones, and wen the best court
without a power of appeal from its decisions might be-
come worse than inferior ones which admitted of appeal.
Lord COLCHESTER considered that the power given
by certai❑ clauses of the act to inspectors was eteessive.
Lord STANLEY of ALDERLEY would gladly re-
ceive any suggestion from the noble lord, who was inti-
mately acquainted with the subject.
The matter then dropped.
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