HL Deb 12 June 1860 vol 159 cc314-6

THE DUKE OF NEWCASTLE moved that the House go into Committee on this Bill, and stated his belief that the Bill would have the effect of placing the Duchy of Cornwall and landed proprietors in the neighbourhood, on the best possible footing.

LORD VIVIAN

said, he could assure the noble Duke that great jealousy existed in the minds of those holding property within the bounds of the Duchy, in consequence of the sharp practice exhibited by those charged with the management of its affairs. Those who held lands "in charge" thought that they had been very hardly treated by the agents of the Duchy, and unless these lands held "in charge" were exempted from the operation of the Bill he should move clauses to effect that object.

House in Committee.

Clause 1 (9 Geo. III., cap. 16, to extend to the Duke of Cornwall.)

On the Motion of Lord KINGSDOWN the following addition was made to the clause. ("Subject nevertheless as to the Property and Possessions included in this Act to the Provisions contained in Sections Seventy-two and Seventy-five of the Act of the Seventh and Eighth Years of Her Majesty above referred to with respect to the Property and Possessions included therein.")

LORD VIVIAN

complained that a case had occurred in which parties were refused access to the records of the Duchy, except on condition that they would not oppose this Bill.

LORD PORTMAN

said, that there was a sharp practice in manner and a sharp practice in action. They were not pleasant words to use in any case, but few men were able to conduct public business in the soft and oily way which would probably satisfy the noble Lord. He certainly de- nied that there had been any sharp practice on the part of the Duchy in action. It had been found most difficult to recover and maintain the rights of the Duke of Cornwall, which in past times had suffered material damage.

LORD CHURSTON

stated that cases had come to his knowledge, and things were said to be done by order of the Duchy, which, if they did not actually amount to sharp practice, certainly savoured of it.

THE DUKE OF NEWCASTLE

observed, with regard to the inspection of Duchy records, that in the case of Crown records, any person who asked to examine them was called upon to state whether he wished to do so for the purpose of opposing the rights of the Crown, and unless he stated that that was not his object, he was not allowed to inspect them. He believed that if an inquiry were instituted by impartial persons into the management of the Duchy property, it would be found that, so far from sharp practices having been resorted to, there had been a desire to act with the greatest possible leniency in maintaining the rights of the Duchy, which, in some instances, had been sacrificed for noble Lords and hon. Gentlemen, who now came forward to complain. The noble Lord said that there was a feeling of uneasiness in Cornwall on the subject, and no doubt if a person had got property which did not belong to him, he might feel uneasy when the rightful owner came forward to claim it. With regard to the present Bill, if the opponents of the measure thought it no boon, let them say so, and he would at once give it up; but it was not fair towards the managers of the Duchy estates, nor to the illustrious Prince, who was about to come into the property, to make accusations of "sharp practice." If any persons had such charges to make, let them bring those charges forward distinctly before the Duchy Council, and they would be investigated, and, if found substantial, the grievance would be remedied.

THE EARL OF CAMPERDOWN

said, he could bear testimony to the fact that "sharp practice" did not always originate with the managers of Crown property, but was very often practised against that property. He believed his Royal Highness the Prince of Wales to be justly entitled to every farthing that could be properly obtained from the property assigned for the maintenance of his dignity.

LORD VIVIAN

said, he should be rejoiced to see his Royal Highness receive every farthing to which he was entitled. He had spoken on behalf of others, and not from any interested motives of his own.

LORD KINGSDOWN

did not believe that during the twenty years he had been a member of the Council of the Duchy, upon any one occasion, upon any one subject, in reference to any one appointment or other act, there had been a single object in view except that of discharging honestly and faithfully the duties imposed upon the members.

LORD PORTMAN

acknowledged that there had been a strong expression of feeling in the Duchy, but he was sure it was not well founded.

Clause, as Amended, agreed to.

LORD VIVIAN

then moved to inser the following clause. Provided always, That Section Seventy-two of the said Act of the Seventh and Eighth Years of Her Majesty shall be and the same is hereby incorporated with this Act, and shall be read as Part thereof; provided also, that no Manors, Lands, Tenements, or Hereditaments, or the Rents, Revenues, Issues, or Profits thereof, shall be deemed to be or to have been duly in charge to the Duke of Cornwall so long as any Person or Corporation shall be or shall have been in possession of such Manors, Lands, Tenements, Rents, Tithes, or Hereditaments, or in the Receipt of the Rents, Revenues, Issues, or Profits thereof, adversely to the Duke of Cornwall.

THE DUKE OF NEWCASTLE

said, he must oppose the clause.

Motion, by leave of the Committee, withdrawn.

Remaining clauses agreed to.

The Report of the Amendment to be received on Friday next.