§ LORD ST. LEONARDSmoved that the Bill be now read a third time.
§ THE EARL OF DERBYsaid, he did not wish to offer any impediment to the passing of the measure, but he thought it right to 469 state that his attention had been called to one of the clauses, which, in the opinion of the Board of Customs, would materially interfere with the securities given for the due collection and transmission of the public revenue. The 25th Clause provided in general terms that no judgment or security upon land shall be valid against a bonâ fide purchaser, whether such purchaser have notice of such bond or not, unless execution shall have been obtained before the disposal of the property. Up to 1839 all obligations to the Crown were binding upon purchasers of land under charge; but in that year his noble Friend (Lord St. Leonards) introduced a measure relieving a bonâ fide purchaser from liability unless the charge had been duly registered according to a form prescribed by the Act. Under that Act the Commissioners of Customs had proceeded in taking bonds from collectors charged upon land; but if the proposal in the Bill were adopted such bonds would become personal only. He should not oppose the third reading, but thought it unlikely that the clause would pass the other House.
§ LORD ST. LEONARDSsaid, the Bill passed this House, and had been in the other House last Session, when no objection had been taken to the 25th clause, although another clause was struck out. The tendency of present legislation was to give a clear title to a bonâ fide purchaser, even at the risk of barring existing charges upon land. It was upon this principle that Her Majesty's Government had themselves proceeded in drawing the two Bills which, much to their credit, had a few evenings since been introduced by the Solicitor General in the other House. This measure had been favourably received by the other House as well as by the general body of solicitors. He had a strong opinion that no fiscal law ought to impede the creation of a clear title between one man and another. A judgment was one of the greatest impediments, because it was a floating kind of security; but the Bill was not intended to deprive the holder of the judgment of any of his rights against the person giving it. Those rights remained the same as at present; but upon a sale the judgment creditor would have his claim upon the purchase money. He saw no reason why any exception should be made in the case of the Government to the disadvantage of a bonâ fide purchaser of property.
LORD CAMPBELLsaid, he wished to take that opportunity of suggesting to the 470 Government the propriety of altering that provision under which government property was at present exempt from the payment of local rates. That state of the law was productive of great hardship and injustice.
§ THE EARL OF DERBYsaid, that notice of the introduction of a Bill to remedy that grievance had already been given in the other House.
Bill read 3a (according to order); an Amendment made; Bill passed, and sent to the Commons.