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the average of six years from 1852, ments in such a manner that they were £1,500,000, whilo 780 lives had been lost certain to fail. Moreover, the sum menon the average during the same period. tioned in the Report of the Committee This was sufficient to prove that some pro- was entirely inadequate for the purpose. tection was needed. A great many inge- Every one knew that a light-ship could be nious contrivances were submitted to the so moored that it would not be moved by Committee for providing floating break- a storm ; but to moor a floating breakwaters at various places round the coast, water a quarter or balf a mile long was a which the Commitiee recommended should very different matter, and the question was be experimented upon, and that a moderate not how to moor it against an ordinary sum should be appropriated to that purpose. storm, but a great storm ; and when that Since that period very large sums had came, the probability was, that instead of been voted for carrying out experiments in protecting the shipping behind it, it would new inventions for the destruction of hu- prove their destruction. For this reason man life, and he thought Parliament the Admiralty had no wish to try expericould hardly grudge the outlay of the small ments upon a large scale, and certainly to sum suggested in an experiment the object try experiments upon a small scale would of which was to preserve both life and be to throw money away. Since the property. He was quite aware that prac-Committee issued its Report two or three tical and scientific men had given opinions parties had proposed to try the experiadverse to the probable efficiency of these ment. The Admiralty replied that they floating breakwaters ; but when it was would not withhold their permission from remembered that practical and scientific the operations, but they declined to make opinions had been quite as strongly pro- themselves responsible for any of the connounced against steam navigation, rail- sequences which might happen to shipping. ways, and that even noir old artillery offi. He had not heard lately that any comcers were as strongly prejudiced against panies were prepared to undertako these the Armstrong gun, believing it to altoge- experiments ; but, in case works of the ther inefficient compared to the old smootli- kind were carried the Admiralty bore, he hoped such opinions would not would watch them with great interest, be allowed to prevail against devoting so and would be very glad if good results small a sum for testing an invention which, followed. The question of harbours of if successful, would produce such beneficial refuge was one involving enormous cost, results.
though within the last few years engiTHE DUKE OF SOMERSET said, that neers had discovered that they could be two years ago a Committee of the House constructed for much less comparative of Lords, of which he had the honour to expense than they formerly were. The be a member, was appointed to inquire Committee had done good by calling the into the subject of floating breakwaters. attention of engineers and of the public That Committee heard a great variety to the subject, but on the part of the of opinions, both as to the advantage and Government lie was not prepared to give disadvantage of floating breakwaters ; 80 any positive promise of undertaking a that the Committee were divided in opi- work of this nature. nion. For his part, he did not con- THE MARQUESS OF CLANRICARDE cur in the recommendation of the Com- said, the reasons adduced by the noble mittee, that a considerable sum of money Duke were not, to his mind, satisfactory. sliould be placed in the hands of the Ad. The principle of the invention having remiralty, and that the Admiralty should ceived the sanction of the highest authotry the experiments. At the present rity, he did not sce why an outlay of time the Admiralty had got sufficient ex £10,000 might not be attended with periments on their hands, and he was not beneficial results. sery much inclined to incur large expen
LORD RAVENSWORTII said, that no diture for which the Admiralty would be enormous outlay was proposed to be made responsible ; for it was obvious, that if the in the first instance. It was distinctly plans for floating breakwaters succeeded, stated in the evidence before the Comthe gentlemen who proposed them would mittee that these breakwaters were insay that all the merit was theirs ; and if tended to be constructed in small portions, they failed, as he (the Duke of Somersct), and therefore the invention might be thought they would, they would say that tested at a small outlay; for if a small the Admiralty liad conducted the experi- portion were found to stand, the whole
past Ten o'clock.
extent of a long breakwater would be were true that the River Dee Company equally good.
bad neglected their duties, he was afraid it might be said that the Commissioners
had neglected theirs, as they possessed RIVER DEE NAVIGATION.-QUESTION.
powers to withhold the tolls, which they LORD CHELMSFORD said, he wished had not done. to ask the noble Duke the First Lord of LORD REDESDALE said, the question the Admiralty for an explanation of the to be decided in 1851, was whether the circumstances under which the Board of Dee Company had kept the river at a Admiralty insisted on the insertion of cer- proper depth, and it was considered that tain Clauses in a Bill now before Parlia- they had done so. He thought it was ment, promoted by the Birkenhead, Flint too much the habit at the Admiralty to shire, and Holyhead Railway Company, insist on the promoters of Private Bills ingiving jurisdiction to the Admiralty over troducing a lot of cut and dried clauscs, part of the river Dee, to the Prejudice of without reference to the particular circunthe Rights of the River Dee Company. He stances of the case. He had known this complained that after both Houses had three to be done on several occasions. The times refused to sanction the insertion of River Dee Company are under penalties of what were called the Admiralty clauses to keep the river at a proper depth, and in respect to the jurisdiction of the Admi- justly claim to be allowed to do so in the ralty over the navigation of the river Dee, way they think best, without being interwhich was under the jurisdiction of the fered with by the insertion of the Admi. Dee Commissioners, they had this Session ralty clauses. sought to re-introduce them in a private
House adjourned at a quarter past Seren Railway Bill now before Parliament. He
o'clock, till To-morrow, halftrusted the noble Duke would seriously consider whether, as these clauses bad been rejected on several occasions, they ought to be inserted in this Bill,
THE DUKE OF SOMERSET said, that carly this Session the Bill referred to was HOUSE OF COMMONS, introduced, and was referred to the Admiralty
Monday, June 2, 1862. under the provisions of the local Act, which required a preliminary report, and such a Minutes.]– Public Bills.—1° Merchant Shipreport was made. But all questions of
ping Acts, &c. Amendment.
20 Transfer of Land; Declaration of Title ; Sereporting by the Admiralty on private
curity of Purchasers ; Real Property (Title of Bills involved considerable difficulty. He Purchasers); Assurances Registration (Ireafterwards saw a deputation of gentlemen land). representing private interests, who urged 3° Highways ; Education of Pauper Children. him to put his veto on the Bill ; that he thought would have been unfair, without
THE CHIEF CONSTABLE OF EAST giving the other side an opportunity of
SUFFOLK.--QUESTION. being heard on the subject. The Admiralty, MR. G. W. BENTINCK said, hie rose to consequently, had directed a report to be ask the Secretary of State for the Ilomo drawn up pointing out the effect of the Department, Whether he has received inconstruction of a bridge over the Dee, on formation of the delay of the Chief Conthe navigation of the river, and proposed stable of East Suffolk in attending to a to insert certain clauses for the protection complaint respecting his Chief Superinof the navigation, which it appeared to him tendent in October last; and whether be under the circumstances to be reasonable intends, in consequence, to issue any rules to insist on, leaving the Committee of the for the guidance of Chief Constables in House of Commons to deal with the cases of complaints against their subormatter. He would observe that the Dec dinates, and for the prevention of errors Company was bound to keep open the navi- of judgment, and of delays consequent gation of the Dee by dredging to a certain thereon, in future? depth. If in future this Bill should come Sir GEORGE GREY said, in reply, before Parliament, the Board of Trade that the matter had come under the cog. would have to deal with it, the questions nizance of the Police Committee, who, he involved being commercial.
understood, had expressed ati opinion on LORD CHELMSFORD said, that if it the subject; and thought that the Chief
Constable committed an error of judgment.
TRANSFER OF LAND BILL. He was not aware that any rule on the subject was necessary; but if so, he should (BILL no. 101.] SECOND READING. have no objection to have one framed.
Order for Second Reading read. This case bad been disposed of by the MR WALPOLE said, he had to prePolice Committee, and the Chief Con- sent a petition from attorneys, solicitors, stable was responsible to the magistrates.
and proctors, praying that it might not
be passed in its present shape, but that AGRICULTURAL STATISTICS.
it be amended, so as to give effect to QUESTION,
the recommendations of the RegistraMR. HEYGATE said, he would beg to tion Commissioners of 1854 for estabask the Secretary of State for the Home lishing a system of registration of titles Department, Whether it is the intention to land. of the Government to take any further
THE SOLICITOR GENERAL said, steps with reference to the collection of that the importance of the subject to which Agricultural Statistics?
the Bill referred was universally admitted, Sir GEORGE GREY said, the Corre. and it was no longer incumbent upon him spondence on the table would inform the to demonstrate the utility of a House what had been the answers received which would give certainty and security of from the Chairinen of Quarter Sessions on title, which would aim at perpetuating the subject. There were some counties those advantages, and which would simplify in which the magistrates were willing to and facilitate the transfer of real property. bave statistics collected by the police, but The House and the country were fully imin the majority of counties it was objected pressed with the magnitude of the evils to. It was not thought desirable to have which undoubtedly existed under the them partially collected. An application present system.
Those evils might be had been made to the Registrar General stated in a few words. Under a complias to whether he could devise a plan for cated system of real property law which the collection of those statistics, but no had grown up in this country, every vendor decision had as yet been come to on the was under the necessity of deducing from subject.
a great variety of instruments a title which
to be safe could not be for less than sixty DISSOLUTION OF THE CANADIAN years. The deeds were first examined by
his solicitor, and the title perfected. PARLIAMENT.- QUESTION.
abstract was then delivered to the purCOLONEL FRENCII said, he would take chaser, and some practised conveyancer, that opportunity of asking the right hon. was employed to see what possible holes Gentleman, Whether it was true that the and flaws could be found. The same proGovernor General of Canada bad taken cess was gone through every time any upon himself to dissolve the Canadian Par- fragment of the property was sold, and the liament without consulting Her Majesty's House could easily understand that the Government ?
expense entailed was considerable. It was MR. CHICHESTER FORTESCUE true that a purchaser might now and then said, that Her Majesty's Government had be found who would dispense with the inreceived no information on the subject ex. vestigation, but it was a common saying in cept that which bad appeared in the public the Court of Chancery that a "willing purpapers.
chaser" meant an unlimited amount of liti
gation. The great points which in all the PATENTS FOR INVENTIONS.
Bills which had come before the House HER MAJESTY'S ANSWER TO THE ADDRESS. had been aimed at as remedying these Answer to Address [27th May] reported,
evils were two-first, to find some means as follows:
by which a title once established should be
deemed good for ever ; second, to make “ I have received your Address praying that a such a record of the title, first ascertained Commission may be issued to inquire into the and granted either absolutely or subject to Forking of the Law relating to Letters Patent certain qualifications, as should for the for laventions :
future facilitate its transfer, give certainty " And I have given directions that a Commis- to dealings with it, and preserve it in a sion shall issue for the purpose which you have position of safety, certainty, and security. requested."
It was not difficult to judge of the practiVOL. CLXVII. (THIRD SERIES.]
+ I 4
cability of the first of the two measures, | upon to pay any serious sums ; and because they had some experience to guide under the Irish Encumbered Estates Act, them. In Ireland the experiment of giving although about a third of the land of IreParliamentary titles, after due investiga- land had passed through the Court, compention, through the medium of a court of law, sation had been claimed only in two cases : had been tried on a large scale, and with in one case to the amount of about £3,000; signal success. Among the great obliga- and in the other by a person who was the tions which the country owed to the name owner of a fee-simple estate, upon which of Romilly, not the least was the introduc- there was a lease of 400 or 500 years to tion by the Master of the Rolls of a mea- That claim was compromised for sure which had been attended with such £20. The next point was the record of important beneficial consequences as the the title. It had been constantly asserted Encumbered Estates Act. The applica. that there was no reason why the transfer tion of that Act was originally limited to of land should not be made as simple and estates subject to encumbrances, but it casy as the transfer of stocks, shares, or had since been extended to cases where ships. There was, however, a substantial no sale was necessary, and where no encum. difference between land and other kinds of brances existed. That was done by the property, which would always prevent the Act of 1858, which established the Landed former from being transferred so readily Estates Court ; which was intended to be a and simply as other investments. Stocks permanent institution, and was empowered and shares had no special identity of their to give a Parliamentary title in respect of own, but were, to a certain extent, absthe properties passing through it. He be tractions. They represented a fixed unity, lieved Parliament and the country had consisting of an aliquot share of a sum every reason to be well satisfied with that which was susceptible of arithmetical meacourse of legislation, and, as far as the pre- surement. One sum of £100, or one Bent Bill went in the same direction, he share, was just as good as another £100, presumed the House would be prepared to or another share in the same stock or accept it. A noble Lord (Lord Cranworth) company. But land was a reality, and had introduced in another place the Bill not an abstraction—it was valuable for which stood next on the paper. The pro- itself, as well as for the property it revisions of that Bill were so entirely satis- presented. The case of ships might at factory that the Government was ready to first sight seem more analogous ; but in adopt them, either as a separate measure reality it also was different. The law or by incorporating them with the present divided the value of each ship into sixtyBill, according to the wish of the House. four parts, any one of which might be The Commissioners of 1854 recommended transferred upon the registry. And then, that titles granted under their plan should although there was this or that ship in be guaranteed by Parliament, and that a question, each proprietor held only a cerfee fund should be formed as a source of tain share of the entire value, and could compensation to persons who might be un- not assume physical possession of any parjustly deprived of their estates. No pro- ticular part of the vessel. In endeavourvision for compensation was contained in ing to facilitate the transfer of land, it was the present Bill ; but it was for the House not intended to diminish the value of the to consider whether it should or should not ownership to the owners, or to prevent be inserted. It was for the Lower House them from having the same to initiate a proposal of that kind, which making provision for their families, of could not have been made by the Lords settling their estates, or dealing with with much chance of acceptance by hon. them according to their will and pleasure, Members. There was
reason, as which they now by law enjoyed Bearfar as he could judge, to apprehending that principle in mind, he would rethat any serious pecuniary liability would mind the House of what had already taken be fastened on the country by a provision place to clear the way for a measure on for compensation, so that a very small the subject. In the year 1853 certain percentage on the value of estates which Bills were received from the House of receive the benefit of the Act would be Lords providing for a system of registrasufficient to meet all claims which were tion of assurances. Those Bills were likely to arise on that score. Under the referred to a Select Committee, which clauses of a similar kind in the Railway recommended that they should not be Acts, the companies had not been called proceeded with, but that a Royal Com
The Solicitor General
mission should be issued to inquire into fee-simple, persons were to be appointed the subject. Before that Committee an either by a court, under settlement, or in eminent and able solicitor, Mr. Cookson, some other way, who would appear upon developed a scheme which was in sub- the register as the formal owners, having stance afterwards approved by the Royal the actual right to transfer, but having in Commission, and in principle adopted by many, perhaps in most cases, no real or the hon. and learned Member for Belfast beneficial interest whatever in the land. (Sir Hugh Cairns) in the Bill which he to that plan there were many objections. introduced into Parliament in the year The principle one was that it would not 1859. Mr. Cookson's idea was to dis- attain that which ought to be the real tinguish between land as an article of sale object of legislation of this kind. It would and as the subject of beneficial ownership ; not give to those who were truly and really and he thought that in registering or re- the owners of landed property a simple and cording the title it was inexpedient to look effectual means of ascertaining and securbeyond the aspect of the land regarded ing upon the register their titles, so that simply as a commodity or article of sale. in all their dealings with purchasers they In accordance with that idea, be proposed might be able to refer to that register as that the register should be only of fee- superseding the parchment title, as rendersimple interests, or of interests equivalent ing unnecessary the making out of absto the fee-simple, which would enable the tracts in the old way, and as containing land to be brought into the market. That the authentic record of the title as it actuview appeared to him (the Solicitor Gene- ally existed. In the Bill of which he was ral) to be rather arbitrary. Mortgages, proposing the second reading that defect for example, whilst they were an acces- had been remedied ; its object was to resory to the ownership of land, entered present the true title, and to make all the also into its quality considered as a sub- real estates and interests in land, and no ject of sale and purchase. At the same fictions, the subjects of the record-of the time, Mr. Cookson thought there might also registry, not of assurances, but of the be a subsidiary register of encumbrances titles which they gave. But, according and leases. He was asked whether he would to the plan recommended by the Cominclude leases for lives as well as for years? missioners, if any considerable lapse of Of course he would. Then what did he say time took place between one settlement to a common estate for life? Was that to and another, there would be a series of be registered ? That question seemed to ownerships off the register, not ascertained puzzle him at first, and then he said he or authenticated at all, and, in fact, no regarded that as a lease for life. But it security or information about any one of subsequently appeared that that was not them could be given by the register. He his view, and he recommended the register remembered a case which came on in the of a fictitious ownership to be created in House of Lords, in which a gentleman cases where there was not really a fee- bought an estate, the title deeds were simple in possession-that the fictitious handed to him, and he was in possession owner should be registered, and that other of it for a considerable length of time ; interests should be secured by cautions but it afterwards appeared that another and careats, and notices of that kind. person had got a mortgage upon it, and That scheme was adopted by the Commis- that would be the case if the register sion, of which he would remark, that the did not disclose the real state of the right hon. and learned Member for the title. But that was not all. The enorUniversity of Cambridge was a distin. mous dangers to landed property, if that guished member. The present Bill did not plan were introduced wiihout the most in all respects adhere to the recommenda- cogent and effectual safeguards, made it tions of that Commission, but, in his opi- necessary for the Commissioners to recomnion, proposed a great advance upon the mend that there should be a vast system plan sanctioned by it. The Commission, of checks, caveats, and cautions, by which having considered and rejected the proposal any person having a beneficial interest for the establishment of a register of assu- might, without disclosing that interest or rances-that was, of deeds or instruments giving any security, but merely by enteras distinguished from the result of those ing his name, prevent any dealings by the instruments, constituting the title-recom- legal owners without notice to him. The mended in substance the adoption of Mr. result was, that when they had got an Cookson's plan, according to which, where estate, they with one hand put on the there was not an estate equivalent to a 'register an apparent title, and with the