which the Legislature were now attempting | ments in order that land might be transto do. And what was really proposed? ferred like stock; nor is there any anaWhy, when an indefeasible title was ap-logy between this case and the case of plied for, every man was to be called upon a feudal tenant, who was obliged to perto come forward and oppose it. Fancy the form his services for his Lord. The real alarm of an owner who found notices owner's settlement would confer only an posted up at his gate inviting everybody equitable estate, and those who took uuder who thought he had a claim to appear at it could not sell or lease, or do anything, such a time and such a place to prefer it, except by virtue of their equitable title. or otherwise to be for ever barred from The legal fee would always be vested in doing so! This would be to rouse the sleep- the registered owner. In case of encuming lions who lurked round many men's brances and settlements a man interested estates, and to call forth every imaginable in them must take care that there were kind of claimant, and just advert to the caveats and inhibitions, or he might lose position of a man whose title has been re- his property, and it might happen that jected. Then it should be remembered through the carelessness or dishonesty of that while the Bill would empower the a clerk a caveat or inhibition would not owner to make every claimant come for- be registered. Under such a system a man ward and make his claim, or else be for would not have that enjoyment of his proever barred, there was no power by which perty which he now possessed. At prethe claimant could make the owner enter sent, if a man make an ordinary settleinto litigation. Thus the whole subject ment of his estate he is really unaware, was surrounded with difficulties-difficulties although only tenant for life, that he has which might possibly be softened, but of settled it, for he still has every possible which, at all events, it was right that their enjoyment of it. We can but enjoy our Lordships and the country should be tho- property during our lives, although we may roughly aware. But now, suppose that a have the fee simple in it. And now the man had acquired through the Court an in- law protects such a settlement. A man defeasible title. The main difficulty would may sit at home at ease, without inquiry then begin. No one must appear on the and without danger; but if his estate is register unless as an owner in fee simple. on the register, he must allow some other Now, there would always be an ambiguity person to appear on the register as owner as to the character of the man who was of it, and he must be on the watch against put on the register as the first proprietor, misconduct, and ascertain that by caveats because he might be the mere nominee of or inhibitions that he is so far secure that some one else, and might have no interest if his nominee attempt to sell or mortgage in the estate, or he might be the owner; but notice will be given to him, and he may this the register would not show. Suppose come forward to protect his rights. Of a man became an owner in fee simple and course he could not, as now, grant legal was so registered, he might then wish to leases or the like, for he would have only make a settlement of his estate according an equitable estate. No man with a good to the every-day practice; but in such a title need go to the new Court; no one case he must come off the register, be- with a bad title can, or, at least, ought to cause, under the settlement, he would succeed there. No estate in settlement, merely be tenant for life. Some other or about to be forthwith put in settlement, person must then be named as the regis could have any benefit from it. Having tered owner, and that nominee would have gone thus far into the question, he would the right to sell the entire estate if he say no more than that the question was one chose to do so. The owner of a vast es- of great importance as affecting the station tate would hardly like to have John Doe and property of individuals, and he had had or Richard Roe registered as the absolute but one object, which was to assist in pointowner of it. The scheme is to separate ing out the dangers which surrounded the the legal and equitable estates, and always proposed Court and Register. to have a legal owner of the fee on the register, although he may not have any beneficial interest in the estate. This is said to be demanded by the spirit of com merce, but the spirit of commerce would not require their Lordships, and other lauded proprietors, to sacrifice their settle THE LORD CHANCELLOR said, that he had taken occasion the other night, when some remarks were made in reference to a Bill not then before their Lordships, to observe, and as it seemed to him with the concurrence of their Lordships, on the great inconvenience of anticipating mea sures which were to come before the House | and learned Friend, and his experience in at some future time, and of inviting a ge- all matters connected with the titles to neral discussion which could lead to no land, made him, of course, a great aupractical result; and, with great deference thority on all these things; but their Lordto his noble and learned Friend, he must ships must observe, that the question of repeat that observation on the present oc- facilitating the transfer of titles and the casion. The course which his noble and registration of titles was not a legal queslearned Friend had adopted appeared to be tion, but was a question of expediency and not only inconvenient, but highly irregular, of social policy, on which many of their for the greater part of the noble and learn- Lordships were quite as competent to ed Lord's observations were directed to decide as his noble and learned Friend. Bills which at present were in the other With respect to the remarks made in reHouse of Parliament, and he believed that ference to the Report of the Commissions it was contrary to their Lordships' rules on the registration titles in 1857, he trustto notice any such measures, and much ed that all their Lordships who took interest more to discuss them and consider them in in the subject would read that Report caredetail. His noble and learned Friend fully, because they would find that its reseemed disappointed that these measures commendations had been embodied in the were not introduced in the first place in measures proposed by the Government. And their Lordships' House, and seemed to who framed that Report? He did not mean have taken this mode of indemnifying him- to say that any one lawyer could be placed self for the loss of the opportunity which on an equal line with his noble and learned he would have had of addressing their Friend, but it was no disparagement to him Lordships if those measures had been ori- to say that, taking any two lawyers who ginally introduced into this House. Upon joined in that Report, they might be conthis point he would merely observe that it sidered to constitute an equal authority with was thought a proper division of labour in his noble and learned Friend. Upon that respect to the Government measures that Commission were his right hon. Friend the a certain portion should first be originated Secretary of State for the Home Departin their Lordships' House, and that another ment, the Lord Chancellor of Ireland, Sir portion should be originated in the other R. Bethell, and other lawyers of considerHouse; and he thought he had undertaken able eminence, together with practical men a task quite sufficient for himself in intro- of business, the present Speaker of the ducing the Bankruptcy Bill and the Bill House of Commons, Mr. Lowe, and a for winding up joint-stock companies. His solicitor of considerable eminence. noble and learned Friend would, perhaps, these persons united in the Report to which as some atonement for the irregularity he his noble and learned Friend had directed had committed, allow that the speech made their Lordships' attention, and which he that evening should be taken as applicable trusted would be carefully considered before to the measures commented on when they the Bills, to which allusion had been made, came before their Lordships, and his noble came up to that House for discussion. The and learned Friend would then, probably, giving a Parliamentary title and the regisgive the House the benefit of his great ex-tration of that title were two matters perience and learning, not in discussing totally distinct, though they sometimes apthe general principles of the Bills, but in peared to be confused together. There improving the details and making them as might be a registration of title without a perfect as possible. He did not under- Parliamentary title, and a Parliamentary stand whether his noble and learned Friend title without registration. If Parliament stated that he was not opposed to every determined, however, to follow the plan system of registration. [Lord St. LEO- pursued with such success in Ireland, and NARDS: I am not opposed to every system.] to give a Parliamentary title in England, He was glad to find that his noble and then, as a complement to such a measure, learned Friend so expressed himself, be- it would be necessary to have a registration cause he had collected from his noble and of that title. He felt a difficulty either in learned Friend's works, and from that va- entering into a discussion at the present luable book lately published-which, as it moment or in waiving that discussion after was intended, was eminently practical, the speech of his noble and learned Friend. and was in everybody's hands-that his He thought it, however, infinitely better noble and learned Friend was of a different not to follow the most inconvenient and opinion. The great learning of his noble most irregular course adopted by his noble All and learned Friend. And he trusted that | understand the many allusions made by their Lordships would keep their minds the noble and learned Lord in his speech, perfectly free and impartial for the con- probably because he was not fully acquaintsideration of this measure when it was ed with the provisions of the Bill that had presented to them, and that they would been introduced in the other House. not be influenced by the observations of had certainly looked at the Bill, but not his noble and learned Friend merely because sufficiently to have been enabled to form he thought it not consistent with his duty any conclusions as to it. to give an answer to his noble and learned Friend at the present moment. LORD BROUGHAM said, that whatever might be the inconvenience and irregularity of the course taken by his noble and learned Friend, he rather rejoiced that he had not waited until the Government Bill came before their Lordships, because his noble and learned Friend's statements were of the greatest importance in elucidating the subject, and preparing the minds of Members of both Houses for its due consideration. He wished that every person both in that and the other House of Parliament had heard the speech of his noble and learned Friend, and he trusted that he would adopt the course pursued by the Solicitor General on this subject, and take care that an accurate account should go forth of the very valuable statements made by him. He LORD BROUGHAM said, that if he had been opposed to the Bill in all respects, he should still wish the statements and opinions of his noble and learned Friend upon the subject to go forth to the public, and he hoped that he would adopt the course he suggested. House adjourned at a quarter before Seven o'clock, to Thursday next, half-past Ten o'clock. HOUSE OF COMMONS, Tuesday, February 22, 1859. PUBLIC BILLS.-1° Adulteration of Food or Drink; Conveyance of Voters; Manslaughter; Evidence by Commission. 2o Municipal Elections. THE NEW TERRITORIES IN INDIA. QUESTION. MR. KINNAIRD said, he wished to ask the Secretary of State for India whether orders have been sent out to the Government of India for the introduction of a Bill making it penal for any European to enter or reside in any of the new territories, Nagpore, Oude, Pegu, and others, without a licence, or to remain after the licence is withdrawn? And if such orders have been sent out, Copy thereof. LORD CRANWORTH said, that some misconception appeared to prevail upon the Bill which he had the honour of introducing into their Lordships' House in 1853, relative to the registration of assurances. Their Lordships passed that Bill, and it went down to the other House, but it was an error to say that it fell stillborn there. It was read a second time and referred to a Select Committee, and that Committee recommended a Royal Commission to inquire into the whole subject. The Government appointed a Royal Commission at the end of 1853, which made inquiry, and at the end of 1857 prepared the Report to LORD STANLEY said, that no order to which his noble and learned Friend had the effect stated had been sent out to the called the attention of their Lordships. In Government of India, nor was it intended consequence of that Report and during the to instruct the Government of India to recess he directed his attention to the introduce a Bill making it penal to enter subject, and a Bill was framed by the late without a licence into any of the new terGovernment which he laid upon their Lord- ritories alluded to. But in fairness to the ships' table in the first week of the Ses- hon. Gentleman, he (Lord Stanley) ought sion of 1858. He would admit that this to explain the circumstances which have Bill did not meet with much favour in the probably given rise to the question. By other House, but, although it differed from the Act of 1833 it was declared illegal for the measure of the present Solicitor Gene any European to enter into or to reral in many particulars, it was, in its main side in, without a licence, any of the terfeatures, substantially the same, giving an ritories acquired by the East India Comindefeasible title upon the sale and trans-pany since the 1st of January, 1800. It fer of land. With respect to the subject was left to the Governor General of India before their Lordships, he certainly did not to frame laws to enforce that Act, and QUESTION. LORD DUNKELLIN said, he wished to ask the Chief Secretary for Ireland whether Her Majesty's Government propose taking any steps to give effect to the suggestions contained in the Report of the Commissioners appointed by Her Majesty to inquire into the condition and progress of the Queen's Colleges in Ireland? accordingly a penalty on its infringement THE QUEEN'S COLLEGES IN IRELAND, was inserted into all the drafts of the code which had been so long under consideration by the Legislative Council at Calcutta. But that code had never become law. The Government of India had recently exercised a power of preventing the entrance into or the residence in the lately acquired states, without the proper sanction. That power had been exercised in Nagpore against Major Ouseley, who subsequently brought an action in the Supreme Court of Calcutta, which resulted in a verdict, with damages against the Government. The state of India, therefore, presented this anomaly; there was an Act of Parliament by which the Legislature of this country declared expressly that the presence of Europeans in certain of the territories of India was an offence against the law, but for this act, confessedly a violation of law, no penalty was provided, and the authorities were unable to enforce it. They had been directed to take into consideration the state of the law, and to decide what steps should be taken to amend it; but more recently instructions had been sent out to postpone definitive action until they should heat again from the Government in this country. But whatever step might be taken with regard to preventing Europeans entering the Native states, it certainly never was intended to enforce that part of the Act of 1833 which limited the right of Europeans to reside in the British territories. THE PRINCIPALITY OF DHAR. QUESTION. LORD NAAS said, his noble Friend would recollect that one of the principal recommendations of the Commissioners was that the Presidents of the Colleges should permanently reside therein. As soon as the Report was published, he made a com munication to the heads of the three Colleges, drawing their attention to the suggestions made in their Report on that subject. He was happy to say that each of the Presidents replied in the frankest manner, and stated that it was their intention to act up to the recommendations, and that for the future they would make the Colleges their home in the sense expressed by the Commissioners. As to the recommendation relative to the increase of the salaries of the Professors, that subject was under consideration; but he could not say it was the present intention of the Government to propose any other alteration in these institutions. THE CONSULAR ESTABLISHMENT AT MR. WISE said, he had to ask the MR. J. B. SMITH said, he begged to ask the Secretary of State for India whether any steps have been taken by the Go-sul, of the Vice Consuls, and of the other vernment of India to carry into effect the orders of the Home Government, to restore the Principality of Dhar to its Native rulers? officials connected with the Consulates at Jeddo, Simoda, &c.; and whether it is true that Mr. Hare, lately in the Royal Horse Guards, has been appointed Vice Consul at Simoda. LORD STANLEY said, a letter had been sent to the Government of India upon the LORD JOHN RUSSELL said, he also subject referred to, in the month of June wished to ask the Under Secretary for Foor July last, but no official reply to that reign Affairs a question, of which he had despatch had been since received. A pri- given notice. In looking over the papers vate letter, however, from Lord Can- respecting the Charles et Georges affair, ning, dated the 28th of August, had he was unable to find the despatch which reached him, in which reference was had been lately published in the public made to the difficulties which surrounded newspapers, from the Earl of Clarendon, the question of the restoration of the Prin- urging the Portuguese Government to put cipality of Dhar, and it was intimated an end to everything like the slave trade that an official communication would short-in their dominions. If there were such ly follow. None such, however, had ar- a despatch in existence, he wished to rived. ask whether there was any objection to lay a copy of it upon the table of the House? with anxiety at the largeness of the grants, the best means of ascertaining whether the expenditure secured an adequate return. Of all blue-books, the Reports of the School Inspectors had the most readers. They were full of interest to managers of schools. Schoolmasters were as proud of being honourably mentioned in those documents, as soldiers were of appearing in a general's despatch. They enlightened the public about popular education and contributed to the formation of public opinion on the subject. Instructions had been from time to time given with respect to these Reports-that they should be concise and practical, and that the com MR. SEYMOUR FITZGERALD said, that in reply to the noble Lord he had to state that there was such a despatch as he alluded to, but that it was not given in the Charles et Georges papers laid before the House, because it had already appeared in the Slave Trade papers which had been presented to Parliament. If it were considered more convenient by the House to have that document placed on the table in a separate form, he should have no objection to produce it. In reference to the question of the hon. Member for Stafford, the proposed Consular Establishment in Japan would be constituted as follows-pilers of them should avoid vague speculanamely, in Jeddo, there would be a Consul General, with a salary of £1,800 a year; a Vice Consul, £750; an Interpreter, £500; an Assistant Interpreter, £405; two Student Interpreters, £200 each. In Nagasaki, a Consul with £800 a year; an Interpreter, £500; an Assistant Interpreter, £324. In Hakodadi, the Consular arrangements and salaries were the same as Nagasaki. In reference to the latter part of the question of the hon. Member, as to whether it is true that Mr. Hare, lately in the Royal Horse Guards, has been appointed Vice Consul at Simoda," he (Mr. FitzGerald) begged to say that Mr. Hare had not been appointed to the post of Vice Consul at Simoda, nor to any other post in Japan or China; nor had it ever been in the contemplation of the Government to appoint that gentleman to any such office. tions, and find the materials in the circumstances of the schools which they inspected. From 1844 up to the present year the annual Reports of the Inspectors of Schools themselves had been published; but the new circular announced that a general Report to Her Majesty from the Committee of the Privy Council for Education_would be substituted for those Reports. Henceforth, the Reports of the Inspectors would not be given to Parliament, but would be made use of as materials for the Reports of the Education Department. This was open to great objection. These Reports should be impartial, and independent, and attractive. The impartiality of extracts would be questioned. People were influenced by their opinions in estimating the relative importance of different parts of a Report. The Vice-President of the Education Department might think it most important to extract what favoured the existing system, REPORTS OF INSPECTORS OF EDUCA- while the Member for Droitwich might MR. W. COWPER said, he rose to call attention to the Circular of the Committee of Council on Education, dated the 22nd day of May, 1858, and to make a Motion in connection with this subject. He was sorry to find fault with anything which had been done by the right hon. Gentleman opposite; but the letter in question had given much dissatisfaction among persons interested in education; it had been strongly protested against by the Inspectors of schools, it was so mischievous, and so faulty in principle, that it was his duty to appeal to the House, with a view of obtaining its reconsideration. The inspection of schools was the keystone of the edifice which during many years they had been raising on the foundation of Parliamentary grants, and it afforded to those who looked attach greater value to passages which spoke of its deficiencies; when these Reports had been digested and perhaps assimilated in the Department, they might acquire a meaning different from their original intention. Parliament wanted the genuine expression of experienced and able men in their own words, and not in selected fragments. A selection would want independence. Amongst other things the Inspectors had to state the impressions they found prevailing in their districts as to the minutes of the Committee of Council, and as to the regulations which the Government had made. It might frequently be their duty to report that certain regulations had failed to meet the wants and desires of the persons engaged in education in their district, and had not worked well in practice; or, on the contrary, they might |
