LORD BROUGHAM, on moving the Second Reading of this Bill, said that he would briefly state the objects of it. As the law of England stood at present, if a doubt existed as to the goodness of a man's title to his estate, he was obliged to wait until such time as the doubt should be raised, and an action brought against him to test its validity. Such a claim might not be made during his lifetime, and he would be unable to clear his title without. In like manner questions as to the legitimacy or illegitimacy of persons might be raised, and yet no opportunity be given of proving legitimacy by the regular course of law. So also with respect to marriages; it might be necessary frequently to have a marriage declared to be valid; but under the existing law it could not be done. The object of the Bill was to cure those defects of the law by importing into England, as an improvement, the Scotch Declaratory Act. In Scotland a party, by proceeding in what was called a declaratory action, could obtain the opinions of the Court of Session on any question he found it necessary to raise—on a question affecting, for example, his title, his marriage, or his legitimacy, or even on such a matter as the right of fishing, or the right of way. On all such points the decision of the court could be obtained by bringing the action he had referred to; and it was this, as an improvement of the law, he wished to import into England. Many of his predecessors, as well as the present occupant of the woolsack, had declared themselves in favour of the adoption of such a measure; and the difficulties to be overcome in effecting this object were chiefly of a technical nature. He should have to make a number of alterations in Committee on the Bill; and he believed that these would be material improvements, and he would do this before they proceeded to discuss the details of the Bill. He trusted, as the measure was a short one, that they would be able to get through it this Session; but if there were any serious objections to this he would postpone it until next Session
The LORD CHANCELLORentirely 924 concurred with his noble and learned Friend as to the great advantages which were likely to arise from a measure of this kind if carried into effect; at the same time, however, he could not disguise from himself that there would be great difficulties in its details. He would recommend his noble and learned Friend to introduce his amendments in Committee, and then postpone the Bill.
§ Bill read 2a.
§ House adjourned.