HC Deb 30 April 1863 vol 170 cc1042-3

Bill considered in Committee.

(In the Committee.)

Clauses 1 and 2 agreed to.

Clause 3 (Repeal of certain Acts).


said, that this Bill proposed to make the law of Ireland similar to the law of England with regard to the law of judgments. But the law in England was based on the writ of elegit, whereas this measure did not propose to restore that in Ireland. The result of the measure, if passed, would be to force the estates of the landed proprietors in Ireland into the In-cumbered Estates Court.


said, that the Bill proposed to make the law in Ireland really what the law of England was under Lord St. Leonards' Act. The writ of elegit had only been issued once in Ireland during the last two years. The measure he proposed would do away with the system of receivers; it gave a facile and inexpensive mode of proceeding.


said, that it would be impolitic to abolish all remedies for debt against lands in Ireland except that of a sale. He did not object to the law of elegit as it at present existed.


said, that the existing law of what were called judgment mortgages was the worst contrivance that the wit of man ever conceived. They were neither mortgages or judgments properly so called, but a hovering lien which no lawyer could understand.

After some further conversation Sir ROBERT PEEL proposed that the further consideration of the Bill be postponed.

House resumed.

Committee report Progress; to sit again on Wednesday 13th May.