LAW OF ENFEOFFMENTS (SCOTLAND). (Hansard, 2 December 1830)

§ Sir W. Rae
rose, pursuant to notice, to move for leave to bring in a Bill to alter and amend the laws regarding the taking of Enfeoffments in heritable property in Scotland. The hon. and learned Baronet described the state of those laws, as they at present existed, as loudly calling for amendment. By the measure which he meant to propose, the parties executing enfeoffments would be protected against the risk and expense to which they were 743 at present exposed. The risk was great, because the most trifling technical error, in any one step of the proceedings in cases of enfeoffments, vitiated the whole; and the expense would be at once apparent when he stated, that on an average of ten years, the number of enfeoffments was annually 6,000 which imposed a tax on the land of 80,000l. sterling. He was anxious that the Bill should be brought in and printed; and two or three months might then be given to enable the country to consider its provisions.

§ Mr. Kennedy
was well pleased that he had withdrawn his limited measure last year, and thus given the hon. and learned Baronet an opportunity of introducing his more comprehensive plan. If any odium were likely to be excited, in any quarter, by the introduction of this measure, he was perfectly ready to take his share of it. He thought the measure would be found extremely beneficial.

§ Sir M. S. Stewart
approved of the measure, because it tended to simplify the cumbrous machinery of this portion of the law. The country was highly indebted to the exertions of the hon. and learned Baronet, who had recently retired without provision from the laborious situation which he had so ably filled. He wished to know whether any person had been appointed to that office? In his opinion, the hon. and learned Baronet ought to be placed in the first high official situation which became vacant.

Mr. G. Lamb
concurred in all the praises which had been bestowed on the hon. and learned Baronet. In answer to the question which had been asked by the hon. Member who had just sat down, he had to state, that a gentleman had been appointed to the office referred to, and the papers connected with that appointment were going through the proper department.