THIRD READING. (Hansard, 11 July 1887)

LORD DENMAN
, who had on the Paper a Motion to move that the Bill be read a third time that day six months, said, that, after what had passed on Friday, he might expect, at least, a Teller for his Motion; but having for 33 years addressed the House without a single cheer, and having probably brought on himself ill-will by opposing both the Front Benches of Ministers and Leaders of the Opposition, he did not look for encouragement. He wished he might, without conceit, apply to himself the words of the first Lord Hough-ton— Yet there are some to whom a strength is given, A will, a self-constraining energy, A faith that feeds upon no earthly hope, That never thinks of victory—but content, Rejoicing fights, and, still rejoicing, falls. He must ask leave to withdraw his Motion, and only say "Not-Content."

§ EARL BEAUCHAMP
said, he wished to call the attention of the noble and learned Lord on the Woolsack (Lord Halsbury) to an Amendment which stood in his name. Section 39 provided, subject to certain exceptions in favour of husband and wife, that on the death of any person intestate real estate should be divisible among the same persons as if it were personal estate. The 4th subsection was to the effect that the section should not apply to the real estate of persons who were infant or lunatic at the passing of the Act, and thenceforward until their death, nor to the estates to which persons who died under age, or who became lunatic before attaining 21, were entitled under will or settlement executed before the commencement of the Act. He desired to amend the clause by excepting the real estate of infants and lunatics altogether from its operation; but he would be glad to hear from the noble and learned Lord upon the Woolsack what he proposed to do before he (Earl Beauchamp) formally moved it.

THE LORD CHANCELLOR (Lord SALISBURY)
said, that he had had suggestions made to him from various 331 quarters as to the amendment of this Bill. He had every desire to meet the views which had been expressed on this subject in various quarters of the House, but it was not an easy matter. Having done his best to consider it, he had come to the conclusion that the best way to meet the difficulty was to empower the High Court (Chancery Division) to deal with the matter of the devolution of the real property of intestate lunatics and minors in such way as, in its opinion, would meet the justice of the case. He would, therefore, move an Amendment to effect that object.

§ LORD HERSCHELL
said, he did not like expressing a decided opinion at a moment's notice; but he must confess that he viewed with some apprehension the suggestion that the Court of Chancery should make a will for a man. He preferred some modification of the proposal of the noble Earl opposite.

§ LORD BRAMWELL
said, that the whole difficulty might be overcome if, instead of abolishing estates in tail and turning them into estates in fee simple, the tenant in tail were to be empowered to make such a grant or devise as he might make if he had an estate in fee simple.

§ THE PRIME MINISTER AND SECRETARY OF STATE FOR FOREIGN AFFAIRS (The Marquess of SALISBURY)
said, that, as the matter was of some importance, it would probably be more satisfactory to the House if further time were given for the consideration of the point. He, therefore, moved the adjournment of the debate.

§ EARL BEAUCHAMP
suggested that it would be better that the Motion for the passing of the Bill should be withdrawn.

§ THE MARQUESS OF SALISBURY
said, he would withdraw his Motion for the adjournment of the debate.