§ Bill, as amended, considered.
§ MR. TOMLINSONsaid, he desired to move the insertion of a new clause, providing that real estate should not be applicable to the debts of deceased persons till the personal effects had been exhausted. He thought that such a provision was desirable, and he believed it would come within the intention of the hon. Gentleman (Mr. Arthur O'Connor) who had brought in the Bill.
§ Clause (Saving of specifically devised real estate,)—(Mr. Tomlinson,)—brought up, and read the first time.
§ Motion made, and Question proposed, "That the said Clause be now read a second time,"
118§ MR. ARTHUR O'CONNORsaid, he should oppose the clause. It was objectionable, because it would discharge the real assets which were now available for paying the debts of specific legacies from that liability. He could hardly suppose that the hon. Gentleman intended to make so serious an alteration in the law.
§ MR. WHITLEYalso opposed the Amendment, on the ground that it would make far too serious a change in the law for the House to assent to unless they were directly advised to it by the responsible Law Officers of the Crown.
§ THE SOLICITOR GENERAL (Sir FARRER HERSCHELL)said, he declined all responsibility for the Bill, or for the proposed change in it. All that he had done was to give such assistance as he could when the Bill was in Committee to remove some of its defects. The responsibility rested rather with those who permitted the Bill to pass its second reading and to go through, the Committee stage. He was entirely opposed to the clause now proposed.
§ MR. TOMLINSONasked leave to withdraw the clause.
§ Motion, by leave, withdrawn
§ Clause, by leave, withdrawn.
§ Bill to be read the third time upon Monday 21st April.