Lords Sitting of 19 February 1855

MINUTES.
ROYAL ASSENT.—Fisheries (North America).

THE LAND TRANSPORT DEPARTMENT.
THE EARL. OF ELLENBOROUGHsaid, he understood there was no objection to his moving for certain papers to which he referred on a former occasion; and he would accordingly now do so in the shape of "so much of the Duke of Newcastle's Despatch to Lord Raglan, bearing date the 20th of January, 1855, as relates to the formation of the Land Transport Department."
Loan PANMUREsaid, he would have no objection to produce the document moved for by the noble Earl, though he did not know what was the object of the noble Earl in asking for it.
THE EARL OF ELLENBOROUGHsaid, there were two points which he wished to press upon the attention of the noble Baron in reference to this question. He entirely approved of the formation of a land transport corps. He thought that in all probability it would enable us for the first tune to move our army; but there were two things which appeared to him to be perfectly essential. Whether they were provided for by the arrangement which had just been adopted he knew not; but he was quite satisfied that they were absolutely necessary for the efficiency of the transport service. The first was that the chief of the transport corps should himself be responsible for finding provisions for the men and animals employed in his department, and that he should not

1503
depend upon the Commissariat for his supplies. The other was that he should have entirely at his own disposal the sea transport by means of which he was to convey his animals from Asia Minor to the Crimea.

THE TURKISH CONTINGENT.
THE EARL OF ELLENBOROUGHsaid, he might take that opportunity of asking the noble Earl the Secretary for Foreign Affairs when it would be in his power to lay on the table of the House the convention recently concluded with the Government of the Sultan for the employment of a Turkish force under British officers? He was extremely desirous of making some general observations upon that subject, and would probably take occasion to do so either to-morrow or Thursday, upon the second reading of the Army Service Act Amendment Bill.
THE EARL OF CLARENDONcould not exactly say when he would be able to produce the convention referred to by the noble Earl. It would have to be ratified after being signed, and he was afraid that could not be done under six weeks from the present time.
THE EARL OF ELLENBOROUGHwas extremely sorry to hear it. Six weeks was a campaign; and if the Turkish force could not be raised within that time, it would be of little service during the present year.
THE EARL OF CLARENDONwas understood to say that, according to the usual form in such cases, six weeks must elapse before the convention could be ratified, but no corresponding delay would occur in the raising of the force.

PURCHASERS' PROTECTION AGAINST JUDGMENTS BILL.
On Motion for going into Committee upon this Bill,
THE LORD CHANCELLORsaid, the object of the Bill, as proposed by his noble and learned Friend (Lord St. Leonards), was to require that all judgments recovered in the courts of the counties palatine of Lancaster and Durham should be registered in the particular palatine courts in the same way as judgments recovered in the courts of Westminster were registered there. Now, he saw no necessity for making two registries, and he thought the more reasonable plan would be to enact that all judgments recovered in the palatine courts should be registered in
1504
London, and thus a single search would always be sufficient. He also objected to a clause at the end of the Bill, which would have the effect of perpetuating the necessity for registering annuities. He thought that since the repeal of the Usury Laws that had become an unnecessary proceeding. Annuities were very rare now; and if they were to be registered, he saw no reason why there should not also be a registry for other matters of infinitely more importance. Under the present Bill it would be necessary to register a great many more documents than under the former law. But if the noble and learned Lord who introduced the Bill, and who was thoroughly acquainted with the subject, did not think his objections valid, he should not interfere further.
LORD ST. LEONARDSsaid, his noble and learned Friend seemed to have forgotten that the 1 & 2 Vict. had established separate registers for the counties palatine of Lancaster and Durham, and what the Bill proposed was that judgments obtained in these courts should be brought within the operation of the Act. By the law of England, although the judgments of the palatine courts only bound lands in the particular jurisdiction, yet a general judgment of the Superior Courts at Westminster bound lands in the counties palatine. The noble and learned Lord on the woolsack asked why not have one registry in London? The answer to that was, that they were not at liberty to abolish the registries which now existed in Lancaster and Durham. At the present moment lands were not bound in the palatine counties by judgments recovered in the Superior Courts, unless they were registered in the particular palatine court; but to prevent any doubt upon that subject he had added to one of the clauses words to the effect that no judgment should bind lands in the jurisdiction of a particular palatine court, unless it be registered in that court. With respect to the other remark of the noble and learned Lord, he must observe that there was a great difference between a general registry, with all its complications, vexations, and expenses, and the registry of annuities proposed by the present Bill, which merely required, in reference to annuities not created by marriage settlement or will, that, in order to give them validity upon the estate against any purchaser, a memorandum of them should be entered in a book kept for the purpose by the Senior Master of the Common

1505
Pleas. His reason for providing for the registration of annuities was that annuitants never had possession of the deeds, and, therefore, it was the more necessary to have as complete and perfect a system of registration as possible.
House in Committee. Amendments made. The Report thereof to be received on Friday next.
House adjourned till To-morrow.