The Solicitor-Generalsaid, that he intended to propose a clause in the bill, by way of guard to the rights of infants, married females, and persons who, from being beyond the seas, or from other causes, might be supposed to labour under temporary disability, as to the prosecution of their claims. This was only following the spirit of the statute upon which the law was founded—the act of Henry the 8th, which contained clauses for securing the rights of individuals so circumstanced, beyond the ordinary regulations of the law, and was entitled "The Statute of Limitations, with a proviso." It had been deemed necessary to adopt this precaution, even though the time allowed for prosecuting claims extended to sixty years.
The Attorney-Generalsaid that the bill required licking into shape, before it was possible to discuss it. For himself, he deprecated any rash or hasty interference with those laws which governed the whole landed property of the country.
§ Mr. Fergusonintimated, that the bill must undergo great alterations before he should be able to give his support to it. He did not think thirty years was a sufficient time; he could not consent to 173 ess than forty. He deprecated the present method of levying a fine, and thought the process of ejectment might be introduced with advantage into all transfers of property.
Mr. Bernalthought some general reform most necessary in the monstrous system of the property-law of the country. He thought that twenty years of abeyance was enough to allow to any claim, unless under peculiar circumstances. The looking further only multiplied enormously the expenses of conveyancing.
Mr. Baringobserved, that it would be of great benefit to the country at large, if gentlemen in the profession would give their attention to matters of this kind. As the law at present stood, immense trouble and expense were incurred in proving the remote parts of a title. He had himself bought some property of a poor woman, and the expense of making out a title had been 160l. Thorough-bred London conveyancers took a pleasure in entering into all the minutiæ, to increase expense. Thirty years did not appear too short a time, where disabilities, such as infancy, &c. were allowed for.
§ Mr. Shadwellsaid, that the statute of Henry 8th made no allowance, beyond the term of sixty years, for future disabilities; it only made the commencement of that term prospective; not barring the claims of persons whose rights had already existed sixty years, where any peculiar circumstances had prevented them from asserting them. At present, he was inclined to limit the indulgence given to the peculiar disabilities, because the changed state of society—the more rapid circulation of intelligence, both within the empire and beyond seas—since the time of Henry 8th, made most of them far less cogent than they had been. There was scarcely any part of the world with which we could not now communicate, and receive an answer within two years. One reason why he was decidedly disposed to change the term of limitation from sixty years to thirty, was, that the House of Lords, sitting at a court of equity, had refused, in the late Cholmondeley case, to give relief upon a right of more than twenty years standing. As he believed the fact to be, that more than one-half of the landed property of the country was in that situation (from the existence of mortgages and other encumbrances), that titles to it could only be enforced by the interference of courts of 174 equity, he thought it better to bring the practice of the courts of law and equity as near, with respect to this subject of limitation, as possible.
§ Mr. Horace Twissthought it decidedly necessary to introduce into the bill those guards for persons under peculiar disabilities. Infancy, for instance, was just as much a disability at the present moment as in the time of Henry 8th.
§ Mr. A. Dawsonthought it better to take even the hazard of occasionally doing injustice, than to carry securities to a length which were ruinous to the public in general.
§ Mr. Shadwellsaid, he was desirous to have the bill reprinted pro forma, which was agreed to.
The House then resumed, and the report was ordered to be received on Monday.