HL Deb 23 July 1849 vol 107 cc831-2

House in Committee, according to order.

LORD REDESDALE

said, he had spoken with several influential persons belonging to Scotland on the subject of this Bill; and as there was no urgent necessity of any kind calling for the measure, he earnestly hoped the noble and learned Lord (Lord Campbell) would not insist on pressing it forward this Session.

LORD CAMPBELL

said, there could not possibly be any objection to this Bill, and therefore he hoped the noble Lord would not oppose its progress. It was well understood that in Scotland the Bill was approved of by all religious congregations.

The EARL of ABERDEEN

saw no necessity for pressing this Bill through with such haste at the end of the Session. The noble and learned Lord (Lord Campbell) said there could be no objection to this Bill; but with the greatest respect for the ability and learning of the noble Lord, he (the Earl of Aberdeen) must say, he could not confide in him, or any other learned Lord in that House, on a question where the law of Scotland was concerned; first, because they must be ignorant of the law of Scotland; and, next, because they were sure to show partiality.

LORD CAMPBELL

said, the noble and learned Lord (Lord Brougham, as we understood), whose opinion, although he was not then present, was always deserving of respect, had bad the object of the Bill explained to him, and declared himself perfectly satisfied with it; and the Lord Advocate of Scotland, who surely had some acquaintance with the law of Scotland, also approved of the Bill. The effect, and only effect, of this Bill was simply this—that whereas, at present, on the death of a trustee, there must be great delay, expense, embarrassment, and often long and expensive litigation, before a new set of trustees could be constituted, by this Bill that necessity was obviated; and when the conveyance was once made, the property remained in these trustees in secula seculorum.

Bill reported, without amendment.

LORD CAMPBELL

then moved that the Bill be read a third time To-morrow.

LORD REDESDALE moved, as an Amendment, that the Bill be read a third time that day three months.

On Question that "To-morrow" stand part of the Motion,

House divided:—Contents 17; Not-Contents 23: Majority G.

Resolved in the Negative; Bill to be read 3a on this day three months.