HC Deb 10 September 1887 vol 321 cc204-5

Bill considered in Committee.

(In the Committee.)

Clause 1 (Short title) agreed to.

Clause 2 (Power to regulate procedure with respect to escheats to Crown).

On the Motion of Mr. ATTORNEY GENERAL, the following Amendments made:— In page 1, line 12, leave out "regulating;" line 16, after "real estate," insert "or any interest therein;" line 17, leave out from the second "escheat" to end of line 18, and insert "whether in relation to the Crown or otherwise, or the holding of any inquest of office not otherwise regulated by law. (2.) Such rules shall provide that an inquisition touching real estate shall find of whom the real estate was held, and that every inquisition shall be forthwith returned into the Central Office of the Supreme Court of Judicature, and that every person aggrieved by any such inquisition shall be entitled to traverse the same, or to object thereto, in such manner as may be from time to time directed by rules of court. (3.) Subject to the provisions of section six of 'The Intestates Estates Act, 1884,' no grant shall be made of any real estate alleged to be escheated until after the inquisition finding the title thereto has been returned to the Central Office of the Supreme Court of Judicature. (4.) An inquisition shall not prejudice any rights which, at the time of the death of the person that led to the inquisition, were vested in some other person. (5.) If the inquisition does not find of whom the real estate was held, any person aggrieved shall be entitled to obtain from the High Court an order for the taking of another inquisition. (6.) This Act shall apply to inquiries into the title of Her Majesty in right of Her Duchy of Lancaster, with this qualification, that any rules which may be made under this Act shall be made by the Chancellor of the Duchy of Lancaster with the approval of the Lord Chancellor.

Clause, as amended, agreed to.

Clause 3 (Repeal of enactments in Schedule).

On the Motion of Mr. ATTORNEY GENERAL, the following Amendments made:—In page 2, line 4, after "effect," insert "the validity or invalidity of;" in line 11, after "procedure," insert "or practice;" and, after "use," insert "under the provisions of any Act hereby repealed or otherwise."

Clause, as amended, agreed to.

Schedule.

On the Motion of Mr. ATTORNEY GENERAL, the following Amendment made:—In page 4, leave out lines 23 and 24.

Schedule, as amended, agreed to.

Preamble agreed to.

Bill reported, with Amendments.

THE FIRST LORD OF THE TREASURY (Mr. W. H. SMITH) (Strand, Westminster)

As there appears to be absolutely no difference of opinion whatever on this Bill. I will ask the House to allow the further stages to be taken.

Motion made, and Question, "That the Bill be now considered,"—(Mr. W. H. Smith,)—put, and agreed to.

Bill considered, as amended.

Motion made, and Question proposed, "That the Bill be now read the third time."—(Mr. W. H. Smith.)

MR. SEXTON

On a point of Order, is it permissible to take this further stage after we have only just taken Committee and Consideration?

MR. SPEAKER

At this time of the Session it is frequently done, there being no Amendments made on Consideration. The right hon. Gentleman is at liberty to ask the House to do it.

Question put, and agreed to.

Bill read the third time, and passed, with Amendments.