HC Deb 03 May 1883 vol 278 cc1719-20
MR. SUMMERS

asked the Chancellor of the Duchy of Lancaster, Whether he will undertake that the sale of the South-port foreshore to the riparian proprietors shall not be completed until the House has had an opportunity of expressing its judgment upon it?

SIR R. ASSHETON OEOSS

asked the Chancellor of the Duchy of Lancaster, Whether the whole of the members of the Council of the Duchy, as well as the Chancellor, had an opportunity of expressing their judgment as to the sufficiency of the consideration offered by the Southport Corporation and riparian owners of North Meols, respectively, for the foreshore at Southport, arranged to be sold to the latter on the 9th ultimo, as provided for by "The Duchy of Lancaster Lands Act, 1855;" and, if not, if he could explain the reason; and, whether, there being no legally binding contract between the Duchy and the riparian owners, but merely a private agreement, the Chancellor will direct that the seal of the Duchy be not affixed to such private agreement until he has had an opportune of considering the representations of the Southport Corporation concerning the agreement which they allege was come to between them and the Surveyor General of the Duchy?

MR. DODSON

With regard to the first Question, Sir, as T have already twice stated in answer to my hon. Friend, a binding agreement has been made between the Duchy and the riparian proprietors from which neither party can recede. It is a legally binding agreement, and that being so, although the Duchy Seal may not be put in requisition for some time, it is clear that I can enter into no undertaking to withhold it. In answer to the second Question, I have to say that it is not necessary for the purposes of "the Duchy of Lancaster Lands Act, 1855," or for any other purposes, to convene the members of the Council. If the Chancellor sits by himself he is the Council, and what he does is described in documents emanating from such sitting as done by the Chancellor and Council. In this case, however, a member of the Council, an especially important one in view of the many legal considerations involved—namely, the Duchy Attorney General—was present. As I have already stated, there is a legally binding contract between the Duchy and the riparian owners—a contract made by the Chancellor and Council by their agent, acting by order of the Duchy Court. I cannot, therefore, direct that the Duchy Seal be not affixed to any instrument necessary to carry out that contract; but, as a matter of fact, it will not have been so affixed before I see the Southport deputation next week.