LEAVE. FIRST READING. (Hansard, 3 February 1860)

THE SOLICITOR GENERAL

said, he had to move for leave to bring in a Bill for the Limitation of Actions and Suits by the Duke of Cornwall in relation to real property, and for authorizing certain leases of possessions of the Duchy. Some time previous to the year 1856 a question arose as between the Crown on the one hand, and the Duchy of Cornwall on the other, as to the property and rights in certain mines and minerals in the county of Cornwall lying between high and low watermark, on the shore of the sea, and under the beds of tidal streams or arms of the sea. The question being one of some importance, was referred to the decision of Sir John Patteson, one of the late Judges of the Court of Queen's Bench, and in 1856 he delivered his award and decided the question in favour of the Duchy. Another question of no moment, as to the title to minerals under the bed of the sea, was decided at the same time in favour of the Crown. Application was made in 1858 to confer on the award of Sir John Patteson the authority of Parliament and public law, and accordingly the Cornwall Submarine Act was passed, confirming that award. In the course of its passage through that House, how-ever, it was suggested by Gentlemen connected with the county of Cornwall that unless a further provision was added at some period to the Bill, injustice might be done, arising from a doubt which existed in various places as to the real proprietorship of the property. It appeared that an idea had even been entertained that neither the Crown nor the Duchy were entitled to the mines and minerals in question, but that they were the property of the neighbouring landowners, and in many cases expenses had been incurred with reference to the improvement of property which the parties would entirely lose unless a provision were 550 made to give them some advantage which they did not at present possess. It was therefore urged that as they were about conclusively to determine that the property was in the Duchy, the Act of George III., which imposed a limit of 60 years, upon the legal maxim, Nullum tempus occurrit legi, ought to be applied to the Duchy, and an assurance was given that on an early opportunity the consent of Parliament should be asked, to put the Duchy, in respect of nullum tempus, on the same footing as the Crown. In redemption of that assurance the present Bill was proposed. It contained two short clauses—one extending the nullum tempus Act to the Duchy, and the other empowering the council of His Royal Highness, during his minority, to make certain leases. The leasing clause was to prevent any loss falling on persons embarking their capital in mines in respect of which there might be a disputed title.