HC Deb 05 August 1881 vol 264 c1106

Bill considered in Committee.

(In the Committee.)

Clauses 1 to 30, inclusive, agreed to.

Clause 31 (Appointment of new trustees, vesting of property, &c).

MR. WARTON

said, this clause was a very important alteration of the law with regard to trustees appointing themselves sometimes. He objected to the principle of preserving the right to trustees to appoint a new trustee in the event of a trustee being discharged or dying; and he proposed to insert, in line 29, after "in writing," the words "with the consent of the cestuique trustee."

Amendment proposed, in line 29, after "in writing," to insert "with the consent of the cestuique trustee."—(Mr. Warton.)

Question proposed, "That those words be there inserted."

MR. H. H. FOWLER

said, the Bill had been referred to a Select Committee, by whom it was approved. The point raised by the hon. and learned Member was fully discussed by the Committee, and to guard against the possibility of doubt, sub-section 7 was introduced, which, in the opinion of the eminent counsel who drew the Bill, fully carried out, in legal phraseology, the provision as to trusts. He hoped the hon. and learned Member would not press the Amendment.

Question put, and negatived.

Clause agreed to.

Bill reported, without Amendment; to be read the third time upon Monday next.