HC Deb 02 February 1846 vol 83 cc424-6
MR. B. COCHRANE

said, that he was desirous of asking a question of the right hon. Gentleman at the head of the Government. He wished to know whether the right hon. Gentleman intended to include in his financial measure any facilities to the holders ef Scotch entailed property to improve their estates. And in reference to his question he begged to call the attention of the right hon. Gentleman to that clause of the general law of Scotch entail which called upon the proprietors of entailed property to invest any amount of compensation which they might receive for damage done to their property by railway or similar undertakings, in the Bank of Scotland. He would take the liberty of suggesting, that if there was to be any alteration in the law of entail, the owners of entailed estates should be able to apply that money for the purpose of fencing, draining, and otherwise improving the land. This would be of great advantage, not only to the landowner and tenantry, but also to the next heir, for whose benefit, the clause to which he had referred was intended.

SIR R. PEEL

In answer to the question put to me by my hon. Friend, I beg to state that Her Majesty's Ministers are desirous of giving to the landed proprietors of Scotland in principle the same advantage they propose to give to the landed proprietors in England, with respect to increased means of draining their estates by loans from Government. He asks me another question, which I rather think is founded upon erroneous impressions on his part with regard to the state of the law. I do not believe that in Scotland the obligation to place in the Bank of Scotland that money which may be paid to landed proprietors by railway and other companies interfering injuriously with their estates, rests on the law of entail in that country. I rather think my hon. Friend will find that each separate Railway Bill as it passes does impose an obligation on landed proprietors possessing an entailed estate to deposit the money received from the railway in the Bank of Scotland. The obligation is imposed by each Railway Act, and not by the law of entail. Entailed estates in Scotland are subject to a variety of charges. They may be subject to charges under what is called the Montgomery Act. The possessor of an entailed estate is entitled to charge the reversionary interest with a certain amount, not exceeding three-fourths of the sums expended in permanent improvements, drainage, buildings, fences, &c. By another act, called Lord Aberdeen's Act, the proprietors of entailed estates have the power to charge heirs of entail with certain sums as provisions for widows and children; and by the general law of Scotland, the debts of the creator of the entail are charged on the property. The Lord Advocate introduced last Session into the Clauses Consolidation (Scotland) Act a provision which does effect the main object which my hon. Friend (Mr. Cochrane) has in view. Power is given by the Act brought in and passed last Session, which enables the proprietor of an entailed estate receiving money from a railway company to apply it to the discharge of the burdens which may have been constituted on the heirs of entails, either by the Montgomery Act or Lord Aberdeen's Act, or those charges which may appertain to the heirs of entail in consequence of the debts incurred by the creator of the entail. Whether or no it may be desirable to permit the money so deposited to go to the discharge of the loans obtained from Government, I won't now undertake to say.

MR. B. COCHRANE

said, that it was not generally known in Scotland, that any such power was possessed by the owners of entailed estates as that alluded to by the right hon. Gentleman. At the present moment the banks of Scotland contained a large sum of money paid to landowners as compensation by railway companies.

SIR R. PEEL

believed that there was no obligation by which the deposits could not be taken out of the bank. It ought to be known that the money might be applied to the discharge of burdens on the estate affecting the heir of entail.

Forward to