§ Sir Edward Sugdenmoved for leave to bring in a Bill to apply to Ireland the Statute of 9 Geo. 2, cap. 36, commonly called the Statute of Mortmain. The hon. and learned Gentleman explained, 911 that by the provisions of the Act, real property, and property in the funds, must be disposed of, to make the disposition of it legal, before the hand of death was on the person giving away his property. The principle of the Bill was, to prevent any improper influence over parties when in the last stage of existence. It had been found very beneficial in England, and he wished to extend the law to Ireland.
§ Mr. Northwished that the hon. Member, before he had moved for leave to bring in the Bill, had submitted his proposition to Irish Members. No necessity for it existed there; on the contrary, it was to be wished that more property should be set apart for charitable purposes. Before he could support the Bill, he must see it sanctioned and recommended by the law authorities of Ireland.
§ Mr. O'Connellobjected to the Bill, and said, that he should divide the House upon every stage of it. The effect of it would be, to deprive the Presbyterian clergy of the power of rendering themselves independent of the Regium Donum. Nobody had yet ever complained of charitable donations and bequests in Ireland. The Bill would deprive the Catholic Church of all charitable bequests; and the hon. and learned Gentleman, who thus began a sort of crusade against the laws of Ireland, should first ascertain what they were, and what was the state of that country. He could assure the hon. and learned Gentleman, that his Bill would do a great deal of mischief, and he was sure that there was not a single Irish Member, who understood the interests of his country, who would not oppose it.
§ Lord Althorpsaid, that, as the hon. Gentleman who had moved for leave to bring-in the Bill, had not stated any inconvenience arising from the present state of the law, and as the Irish Members were opposed to the Bill, he should certainly, if it were pressed to a division, vote against it.
§ Sir Charles Wetherellsaid, that if no Irish Member would stand up and support the Bill, he should feel himself called upon to agree with the Irish Members, that no case had been made out.
§ Sir Edward Sugden, in reply, expressed his surprise that his Motion should be opposed. He considered it dangerous to the State that large portions of land should be placed in the hands of the Catholic Clergy, as for their use, and certainly one 912 object of his Bill was, to prevent the inconvenient disposition of property to Catholic charities: he would not, however, persist in his Motion.
§ Motion withdrawn.