HL Deb 18 February 1819 vol 39 cc0-461
The Marquis of Lansdowne

said, he held in his hand a Petition complaining of a great hardship, and one which in a particular manner, called for their lordships attention as it arose out of their lordships' legislation. The petition was from two individuals who had obtained a decree of the court of chancery for the sale of the estate of a lunatic, but which could not be effected, as the estate consisted of copyhold property. It appeared, that in the act passed some years ago, for regulating the power and jurisdiction of the court of chancery with respect to the sale of the estates of lunatics, that the word "copy-hold" had, by some mistake, been omitted. The consequence of this neglect was, that no sales of such property could be made. The petitioners prayed, that their lord- ships would not fail to remedy this deficiency in the act.

The Lord Chancellor

was of opinion that there was no intention to exclude copyhold property from the operation of the act; and as such a mistake had occurred, he was surprised that no bill had been introduced, either to declare that the act referred to should embrace copyhold property, or to repeal it, and substitute a new act on the subject. The bill was brought into parliament by the present lord chancellor of Ireland, and it was recommended in the master's report on the subject, that copyhold estates should be applied in the way provided for by the act. As it was certain that it had been originally intended to include copyhold estates in the act, it was proper that it should be amended; and his lordship, as we understood, intimated that he would himself introduce a bill for this purpose.

The petition was laid on the table.