HL Deb 01 February 1847 vol 89 cc611-2
The EARL of MOUNTCASHELL

then withdrew his Motion, and brought forward a Motion of which he had given notice, for— A Return of the total Amount of the Sums appearing to be due for Debt, Damages, and Costs upon all Decrees, Orders, and Judgments in Ireland, redocketed pursuant to the Act of 9th George IV., cap. 35, or registered pursuant to the 7th and 8th Victoria, cap. 90, and now appearing to be redocketed or registered in the Office for registering Judgments in Ireland; distinguishing those which are in Debt from those which are in Case. The noble Earl observed, that there were upwards of 100,000,000l. of debt on Irish property, and he thought it most important that this return should be furnished to the House.

The MARQUESS of WESTMEATH

considered that if this Motion were agreed to, the officers of the Irish courts would be so continually and unremittingly employed in obtaining the information required, that the business in their offices would be entirely suspended. He thought, however, that it was very desirable the information should be obtained, if it could be furnished without impeding the business of the officers of the court.

The LORD CHANCELLOR

apprehended that, in the first place, it would be impracticable to obtain this return, for, in order to supply the information asked for by the noble Earl, it would be necessary to examine all the records of the Courts of Law and Equity in Ireland, and that for an indefinite period. He also considered that the return, if obtained, would be perfectly useless; for, supposing it showed 100,000,000l. of debt, as the noble Earl (Mouncashell) imagined would be the case, it would not show what proportion of that debt had been paid, and would not, therefore, give any accurate view of the actual incumbrances of property.

LORD BROUGHAM

observed, that even if the return showed the balance unpaid in each case, it would afford no test, nor anything like a test, of the burdens affecting landed property in Ireland, for the return would only apply to property which had been brought into the Courts of Chancery or Common Law. He suggested the postponement of the Motion for a week, in or- der that some communication might take place with the officers of the courts in Ireland, to ascertain whether there would be any material difficulty in making the return.

Motion withdrawn.