§ LORD LYNDHURSTsaid, he wished to call the attention of his noble and learned Friend opposite (Lord Cranworth) to a defect which existed in a very important measure which had been passed in the last Session of Parliament with respect to settled estates. It was provided that in the case of a woman separated from her husband, her examination with the view to ascertain whether her assent to the disposal of her property was unbiassed, should be entered into before a solicitor of the Court of Chancery. Now, in those instances in which a lady resided in England nothing could be more easy than the compliance with that provision; but if she resided abroad or in the Colonies there would be great difficulty in acting in accordance with the law. As a proof that such was the state of things, he might mention the case which had come within his own knowledge of a lady who resided in Quebec, and who wished to part with certain property, but who was unable, after considerable research, to find a solicitor through whose means to carry her purpose into execution nearer than Toronto. Indeed, the difficulty which had been found in that instance in finding a solicitor reminded him of the line which their Lordships must have seen quoted in the old Latin Grammar:—
Rara avis in terris nigroque simillima cygno.A solicitor, in fact, was very often not to be found within a distance of 600 miles in such cases, and in order to remedy the in- 1022 convenience which in consequence arose, he should suggest to his noble and learned Friend the expediency of introducing a short Bill removing the defects of the measure of last Session.
§ LORD CRANWORTHwas much obliged to his noble and learned Friend for mentioning this subject. It had been already called to his attention, and he hoped to lay a Bill upon the table for curing the defect in the measure after the recess.
§ On Motion, that the House do adjourn to Monday, the 31st instant,