THE IRISH ENCUMBERED ESTATES BILL.
THE "real measure for Ireland "* stands a good chance of be- coming law in the present session, in spite of untoward procras- tination. The bill that came down from -the Lords has been wonderfully improved since it entered the House of Commons. As introduced by the Lord Chancellor, and even as amended by him, we saw but another item added to the long- list of legisla- tive failures of which Ireland has been the subject ; with this novelty only, that if by accident it did happen to come into operation, it might add somewhat to the miseries of the Irish landowner by plunging him up to the ears in the Masters' Office. We felt chiefly vexation that so fair an op- portunity for doing great good both to Britain and Ireland had. been lost. But a happier prospect begins -to dawn. Under the Solicitor-General's charge, all the benefit which could be got by the Lords' bill has been retained;, at the same time, although practising in the Court of Chancery, Sir John Romilly has sup- posed it possible that some people may not like Chancery as well as he does, and so he has. given, them the option of avoiding it altogether. By the Lords'. hill, tee measure was to be worked entirely by the Masters in-Chancery; but by the Solicitor-Gene- rars new clauses an alternative is-given—any owner of land sub- ject to encumbrances may sell without any order of the Oourt, sad, on payment of the purchase-money into the Batik bf Ireland, may convey such land to the purchaser, unless' after due publica- tion of notice the sale shall be restrained by orcleb.of Court. , The same power of sale is given to any encumbrancer. The effect•Of this sale is most important ; for after the expiration of five years from the payment of the purchase-money, the conveyance is to have the same operation as if the sale and conveyance had been under the order of Court,—that is, it vests the land absolutely in the purchaser, giving him a title against all the world. But these notices of the intended sale Must be given by the person intending to effect a sale, in the Dublin Gazette, in one Dublin newspaper and one newspaper cir- culating in the county in which the land is situate, and in the London Gazette; and no sale can be made before the expiration of three months after the publication of the last of such adver- tisements.
This, briefly, is the plan proposed : and it will be seen that it is a bold measure; but most persons acquainted with Ireland will admit that it is a necessary one. It is not therefore its boldness that we have any doubt about. Ireland is starving, and this is the key to the granary that is to feed her. The difficulty that we, as sincere friends of the measure, would suggest, is of another kind. It is, that the best part of the measure may after all turn out inoperative, from the want of the necessary machinery. Who is to put the vital part of the bill into operation'? Many a landowner may be led into the Court of Chancery by a will-o'-the-wisp, but who is to teach him when and how to avoid the Court of Chancery ? We fear that unless some ma- chinery be brought into existence for that purpose, the good parts of the bill will fail. What is wanted is to bring its know- ledge home to the capacity of the landowner—to get him out of the hands of lawyers, and to save him from lawyers' bills—to cut through technicalities and legal quibbles—to get rid (as Sir James Graham said) of "the professional prejudices and the nice scruples of conveyancers "—to simplify procedure, and give safe Speckitor, 230 October 1847. but cheap conveyances. Is it possible for the Irish people to ob- tain this without—disagreeable as Mr. Osborne says the word has become—some person or persons exercising the function of Com- missioners ? We are in favour of this bill, and would ac- pept- ft11?ft anttruts maw ,a.hav-Ao,thing4 hut let -mot its friends risk a failure in the working by leaviner* thus imperfect. Let them take the opportunity, which, neglected, may not soon recur, of beginning a new system for the conveyance of land, of which the germ is already in the bill--of raising land to its full use by.rendenng it easily transferable. All parties, in the debate of Tuesday, admitted the desirableness of the free transfer of land, and of cheap conveyances; let them take care to insure these. The task is not insuperable. Let Com- missioners be appointed with powers to carry into operation that part of the bill which allows sales out of Court—to frame forms —to circulate information ; and such a Commission will go far to render all other Commissions popular. Give it only as the alter- native. Let the parties go to the Court of Chancery if they pre- fer it, but do not restrict them to Chancery ; for you do so prac- tically if you give them no assistance to enable them to dispenee with it.
A tribunal of this kind appears to us absolutely necessary, if a cheap and simple mode of transfer is desired.* But it would have many other advantages, and remove any real objection urged against the bill as invading the rights of property and as opening a cloor.to fraudulent sales by collusion. It is only fair that the just interests of all parties should be protected, and that the sale of land under the act should be regulated. These important duties would fall to the Commissioners ; and to them also would belong the preparation and establishment of the necessary measures for carrying into complete operation a better system of transfer. How could the Court of Chancery do this? We have indeed heard that Lord Cottenham clings to that court as the perfection of reason, and will not hear of any other jurisdiction. We must not think so meanly of so high an officer. The public are indebted to him for many measures of practical legal reform ; and we are pretty certain that if the House of Com- mons give a choice of tribunals, and the House of Lords object, it will not be Lord Cottenharn who-wilt be responsible for the failure of this most important bill. The Government has very properly asked and obtained extraordinary powers for the repres- sion of crime in Ireland ;• let extraordinary powers be also be- stowed for giving to that country the only remedies that can afford her permanent relief.
* Since the above was written, the House. has been in Committee; where the Solicitor-General objected to a Commission on the score of greater expense. We cannot understand this. Somebody-must be employed to put the act in motion. If the Court of Chancery (as to the delay and costliness of which all are agreed) be not employed, the expense must fall into the unlimited discretion of the legal profession. No disrespect to Irishattornies—wAriLdo whation may, will make a harvest of the bill—but we prefer ,a reasonable controlling body, which shall have power and intelligence to prevent malpractices. Mr. Henley pointed out, shrewdly enough, that as the bill now stands, though a person begins by trying to avoid the Court of Chancery, he would probably land there: whatever set of clauses be tried, this is what all wish to avoid. ,_Theagh it has been mentioned before, we must call to mind the working of the Weet India Compensation Com- mission, which dealt with similar questions of title, and disposed of nearly fifty thousand claims upon the 20,000,0001. funk with °lily tiro effective appeals, so economically that the solicitor to the Commissiotr dude oat of the whole concern. but 8001. Would that we could see such a Commission at work in Ireland!
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