§ Order for Second Reading read.
THE SOLICITOR GEENERAL,in moving the second reading of the Bill, said its object was to prevent the necessity of applying to Parliament in certain cases where parties were desirous of granting leases, effecting sales, or performing other acts not provided for in the deeds under which they took title. Some apprehensions had been expressed lest the Bill would allow that to be done which Parliament had before refused to allow, and in particular the case of Hampstead Heath enclosure had been referred to. Such an intention had not existed in the minds of the framers of the Bill, but, in order to satisfy those who did apprehend such a 950 consequence, a clause had been prepared, which prohibited application being made under the Act to the Court of Chancery in cases where applications had already been made unsuccessfully to Parliament. A new clause was also introduced in order to insure publicity to the applications to be made under the Act.
LORD SEYMOURsaid, he thought the Bill was too important to be hurriedly dealt with. It took all power in cases of settled estates away from Parliament, and transferred it to the Court of Chancery. He should move as an Amendment, that the Bill be referred to a Select Committee.
§ MR. HENLEYsaid, he doubted whether the clause proposed to guard against a renewal in other shapes of unsuccessful applications would have the effect which was intended. In the case of Hampstead Heath he believed that it was always denied that any enclosure was intended, and upon that statement the power sought might be obtained from the Court of Chancery. A clause was proposed to insure publicity; but if publicity was required, surely that was an additional reason why the jurisdiction should not be transferred from Parliament to the Court of Chancery. He quite agreed with the noble Lord the Member for Totness, that the Bill ought to be sent to a Select Committee, for in its present shape he did not like it at all.
§ Bill read 2°, and committed to a Select Committee.